proven beyond reasonable doubt, this court is called upon by the
defence counsel to take cognisance of the mental state of the
defendant which was highlighted at the earliest possible time.
The learned counsel stated further that where a defence of insanity is
raised, the onus is on the defendant to prove same because this is a
fact within the knowledge of the defendant. On this the learned
defence counsel referred this court to the evidence of DW1 who is the
elder brother to the defendant. According to the learned defence
counsel DW1 led evidence to show that the defendant was of unsound
mind. The learned counsel further stated that this is also evident from
the medical report from the Federal Neuropsychiatric hospital Kware,
exhibit C.
The learned counsel further stated that where the defence of insanity
is successfully pleaded, the defendant cannot be found guilty of the
offence and this is because on exhibit A and A1 the statement of the
defendant to the police at the C.I.D office Sokoto. According to the
learned defence pw1 alledged that he took the statement of the
defendant without the defendant’s legal representation or any of the
defendant’s relatives. According to the defence counsel failure of pw1
to establish compliance with the mandatory provisions of the ACJL
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