convassed at the lower courts can be raised at the Supreme Court
''It needs to be emphasized that the defence of insanity being canvassed
for the appellant in this court is incompetent, since the defence was not
raised in the court below. It is not competent for an appellant who raised
an issue at the trial court, abandoned that issue at the Court of Appeal
and only to take it up again in this court.'' Per EDOZIE, J.S.C (P.11,
paras. A-D) - read in context
3

CRIMINAL LAW AND PROCEDURE - CONVICTION: Whether a court
can pronounce a sentence of death on an accused who had not attained
the age of seventeen years at the time the offence was committed.
''Where an offender who in the opinion of the court, had not attained the
age of seventeen years at the time the offence was committed is found
guilty of a capital offence, sentence of death shall not be pronounced or
recorded but in lieu thereof, the court shall order such person to be
detained during the pleasure of the Governor and if so ordered he shall
be detained in accordance with the provisions of Part 44 notwithstanding
anything to the contrary in any written law.'' Per EDOZIE, J.S.C (P. 20,
paras. D-F) - read in context

4

CRIMINAL LAW AND PROCEDURE - CONVICTION: What can the
court do where age of an accused is material for the purpose of
conviction or sentence?
''In the case of Modupe v. The State (1988) 4 NWLR (Pt. 87) 130 at
p.142, this court held that where the age of the accused person is
material for the purpose of conviction or relevant in the determination of
the nature of the sentence and evidence of such age is not conclusive,
the trial Judge is obliged to make due inquiry as to the age of that person
by taking evidence of such age.'' Per EDOZIE, J.S.C (Pp. 20-21, paras. FA) - read in context

5

CRIMINAL LAW AND PROCEDURE - DEFENCE OF
INSANITY: Ingredients of the defence of insanity
''For an accused person to successfully rely on the first limb of section 28
of the Criminal Code supra, he must prove that at the time the offence
was committed, he lacked: (a) the capacity to understand what he was
doing (b) capacity to control his action (c) capacity to know that he
should not do the act or make the omission.'' Per EDOZIE, J.S.C (P. 13,
paras. B-D) - read in context

6

CRIMINAL LAW AND PROCEDURE - DEFENCE OF INSANITY: On
whom lies the burden to proof insanity?
''Therefore, an accused person who pleads insanity as a defence to an
offence with which he is charged has the burden of proving that he was
suffering from insanity or insane delusion at the time the offence with
which he was charged was committed. The burden of proof on the
accused is on the balance of probability or preponderance of evidence
and not on the basis of proof beyond reasonable doubt.'' Per EDOZIE,
J.S.C (P. 12, paras.B-D) - read in context

Select target paragraph3