whereabout and that it was somebody who informed him that the
defendant was at the Sokoto correctional centre because he
committed the alledged offence. DW1 also told this court that the
said medical report was obtained in the year 2021.
It is to be noted that it is through the evidence of this DW1 that the
defence tried to convince this court that the defendant is entitled to
the defence of insanity.
In the case of ADELU v STATE 2014 LPELR 2286 SC, the Supreme
Court held as follows: To show that the accused person is insane it
must be shown that
a) At the time the offence is committed, the accused person was
suffering from mental disease.
b) That the mental disease was so serious that at the relevant time
the accused person did not knew what he was doing or/and
could not control his actions, or that he should not do what he
did
intention
which
is
the
state
of
mind
of
the
accused/appellant in most cases is inferred from the facts
established in court.”
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