in his statement (exhibit B) all these belie the assertion that he was insane. It is conceded
that there was no motive established for the murder but it is trite law that mere absence
of any evidence of motive for a crime is not a sufficient ground to infer mania: see Egbe
Nkanu v. The State (1980) 3-4 SC.
1. The appellant in his testimony in court alleged that he did not know what he was
doing at the time he slaughtered his brother. But the law is that evidence of insanity
tendered by the accused himself is suspect and is not usually taken seriously:
see Onyekwe v. The State (1988) 1 NWLR (Pt. 72) 565. In his evidence under crossexamination, P.W.3 the father of the appellant testified that a native doctor treated the
appellant for mental disorder and that when there was no improvement he withdrew him
and started treating him at home. Mere evidence that an accused person had mental
disorder without showing that the disorder deprived the accused of the capacity to
understand what he was doing and to know that he ought not to have done the act which
is called in question is no satisfactory evidence of defence of insanity under the law. The
evidence by the investigating police officer (PW.6) that the behaviour of the appellant was
abnormal is of no moment because abnormal behaviour is not evidence of insanity:
see Lamidi Salami v. The State (1984) 6 SC 357.
The learned trial Judge also dealt with the defence of insane delusion under the
second limb of section 28 of the Criminal Code supra.
At p.35 of the record, he observed:
"The story which the accused person had put forward is that he was in a dreamland,
where someone was pursuing him and as he ran to hit something only to realize when his
eyes became clear that he has stabbed the deceased. Specifically, his evidence on that
point was:
'I did not know what I was doing when I stabbed my brother. I felt as I was in a dream
with someone pursuing me and in running I hit someone on the way'
Assuming for the sake of argument that the story he has told is true, it is my view that
merely that someone was pursuing him when he did not show that his life was in danger
could not justify his brutal attack on the deceased....."
I am convinced that his reaction to the purported delusions is quite unjustified in the
circumstances and therefore the defence under the second limb of section 28 of the
criminal code is not available. But more importantly, it is my finding of fact that he found
himself in a dream situation is but tissues of lies and I do not believe him. When matters
were very fresh in his mind when arrested by the police, he said nothing about dream ..."
I have no reason to disagree with that finding. The defence of insanity or insane delusion
does not avail the appellant. There was no shred of evidence on record to establish that
defence.
With respect to the second issue for determination regarding the age of the
appellant at the time of the commission of the offence, the contention of the appellant's
counsel is that there were sufficient materials before the trial court which ought to have
prompted it to conduct an enquiry into the actual age of the appellant at the relevant
time. The issue raised is predicated on the provisions of sections 208 and 368(3) of the
Criminal Procedure Law which enact as follows:
"208 Where a person is before any court and it appears to the court that such person is
an infant or a child, or a young person or an adult, the court may make due enquiry to