deceased; (3) Evidence from prison warders who had custody of the accused and looked after him
during his trial; (4) Evidence of medical officers and/or Psychiatrics who examined the accused; (5)
Evidence of relatives about the general behavior of the accused and the reputation he enjoyed for sanity
and insanity in the neighbourhood; (6) Evidence showing that insanity appears in the family history of
the accused." Further see Kure v. The State (1988) 1 NWLR (pt. 72) 404; R v. Inyang (1946) 12 WACA 5;
Onakpiya v. Queen (1959) 5 FSC 150; Karimu v. The State (1989) 1 NWLR (pt. 96) 124; Ogbu v. The State
(1992) 10 SCNJ 88 at 99; Okon Edoho v. The State (2010) 4 SCNJ 100, all to the effect that this burden on
the defence is generally discharged on a preponderance of evidence or a balance of probability." Per
YAKUBU,J.C.A. (Pp.22-24,paras.F-C) (...read in context)
12. INTERPRETATION OF STATUTE - SECTION 29 OF THE CRIMINAL CODE,VOL.II,LAWS OF THE DEFUNCT
BENDEL STATE,1976: Interpretation of Section 29 of the Criminal Code,Laws of the Defunct Bendel
State,1976 as it relates to whether intoxication will constitute a defence
"Section 29 of the Criminal Code, Cap. 48, Vol. II Laws of defunct Bendel State, 1976 now applicable in
Edo State, provides inter alia: "29.(1) Save as provided in this section, intoxication shall not constitute a
defence to any criminal charge. (2) Intoxication shall be a defence to any criminal charge if by reason
thereof the person charged at the time of the act or omission complained of, did not know that such act
or omission was wrong or did not know what he was doing and ..... (a) the state of intoxication was
caused without his consent by the malicious or negligent act of another person; or (b) the person
charged was by reason of intoxication insane temporarily or otherwise at the time of such act or
omission. (3) Where the defence under the preceding subsection is established, then in a case falling
under paragraph (a) thereof the accused person shall be discharged, and in a case falling under
paragraph (b) of Sections 229 and 230 of the Criminal Procedure Law shall apply. (4) Intoxication shall be
taken into account for the purpose of determination whether the person charged had formed any
intention, specific or otherwise, in the absence of which he would not be guilty of the offence. (5) For
the purposes of this section "intoxication" shall be deemed to include a state produced by narcotics or
drugs." Per YAKUBU,J.C.A. (Pp.19-20,paras.E-E) (...read in context)
TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): The appellant was convicted on a
charge of the murder of a nine year old girl, Favour Ihoeghilan, under Section 319(1) of the Criminal