The appellant killed his wife by inflicting matchet cuts on her when she threatened in a heated verbal exchange that she would report him to her father. The inflicted cuts were in the presence of witnesses P.W.2 and P.W.3 who testified. Their evidence was believed and accepted by the two courts below. The appellant's defence in court was insane delusion, i.e. that he thought a deer jumped on his back as they walked along the farm road and he attacked the deer with his matchet but the cries of his wife that he was killing her made him realise that it was his wife he was matcheting and he stopped but it was too late.

Two witnesses gave evidence for the appellant. D.W.1 in part said,

"Later he became very ill which turned him mad. I had to tie him and took him to an herbalist at Isale Eko behind the Oba's palace He took ill about 25 years ago

When he recovered he came to me. But occasionally he has recurrence. When it became persistent I had to return him to the herbalist at Isale Eko."

"About 25 years ago he was brought to me as a patient by the 1st D.W. He was brought to me with his hands and legs tied with the complaint that he was mad. I treated the accused when he was brought to me ... On every occasion he was brought to me he did not know what he was doing. When he had the fits he could not know what he was doing not that what he was doing was right or wrong I saw him last about 3 to 4 years ago when the accused is sober he could not injure anyone. If I did not treat him he could be violent."

Under cross-examination, the witness said, "the sickness does not just come suddenly but gradually and if those around watch him they will notice it."

As the Police did not give evidence the two statements which the appellant made were not tendered in evidence. In his own testimony in Court the appellant said among other things:

"The deceased in this case was my wife. We have been married for 16 years before the incident happened...

We left the farm when there was to reap (sic) and I advised that we should go to another farm. As we were on our way out something just jumped upon me and I thought my wife was an animal called Igala (deer) hence I matcheted the animal whilst I was matcheting her she was shouting my name Baba Ebu and that it was she I was matcheting. There and then I dropped the cutlass and carried her. The children at this time ran away. When I could not help my wife again, I then left for Ikeja to report myself to the Oba. At this time, I was made (sic) for I had used my clothe to dean my wife ... I cannot account what I was doing I could not even control myself. I did not know that what I was doing was wrong."

According to D.W.2 when the appellant had an attack of fits of insanity, he lost capacity to know what he was doing or to know that what he was doing was wrong and ought not to do it. He lost capacity to control his actions and he became violent. He then emphasised that the sickness does not just come suddenly but gradually and if those around watch him, they will notice it.

The appellant has by his ipse dixit pleaded insanity under the first limb of section 28 of the Criminal Code. The mental illness resulted in his loss of capacity to understand what he was doing, to control his actions and to know that what he was doing was wrong. This, however was not accepted and counsel agreed that it was not established. The second alternate defence put up was one of insane delusion which he suffered by thinking that he was attacking a deer that jumped on his back when he was actually matcheting his wife. In this case, he knew he attacked the 'deer' (wife) with his matchet and he intended to kill the deer (wife). The evidence of P.W.2 and P.W.3 made this defence look spurious and fabricated.