Defence Of Insanity (2)

In State V. Adams (1966) I All Nyene Law Report Vol. 3,
Adams, a student activist of the University of Lagos stabbed the new Vice Chancellor, Prof. Saburi Biobaku, in protest of the removal of Prof. Eni Njioku, who had at that time, just concluded his 3 year term as the first Vice Chancellor of the University  of Lagos. Adams was arraigned for unlawfully stabbing the Vice Chancellor. He pleaded not guilty, and later raised a defence of insanity. At the trial, there was evidence that he acted under an uncontrollable impulse. In the judgement, the Court found Adams guilty of wounding with intent to kill the Vice Chancellor. The court, however held that he was not liable for the offence as a result of his defence of insanity, under Section 28 of the Criminal Code. He was committed to a psychiatric institution pending  the pleasure of the president.
On appeal, the appellate court held that once a trial court determined that an accused person was not guilty by reason of insanity, the proper order to be made was remained, in safe custody pending the pleasure of the governor or president, as the  case might be. The matter went on further appeal to the Supreme Court. Rejecting the argument of the appellant’s counsel, the Supreme Court held that if the accused person was found  to have committed an offence as a result of insanity in accordance with section 229 and 230 of the Criminal Procedure Act (CPA), a committal order must follow. The essence being that the accused person should not go scot free. The law require that he should be kept away to prevent further danger to the society and the state on its part has a duty to ensure that  the accused was cured of his ailment.
To prove a defence of insanity, the defendant who claims that he was insane at the time of the crime must show that he was either. Suffering from a disease which damaged the functioning of the mind and led to defect of reason that prevented him from understanding what he was doing or that he could not tell that what he was doing was wrong. This was the plea of one Edet Okon, who was found guilty of murder by a Lagos State High Court and was sentenced to death by hanging after stabbing his wife to death with a spoon at night. Edet not satisfied with the judgement of the lower court appealed. A three-man panel  of the Court of Appeal led by Justice Joseph Ikyegh in a unanimous judgment, held that the Appeal No. CA/L/553/10 lacked merit and dismissed it.
Delivering the lead judgement, Justice Ikyegh said Mrs. Okon’s blood was crying for vengeance and her killer husband should “reap what he has sown blood for blood”.
Okon had claimed at the lower court that he was insane at the time he stabbed his wife to death and two witnesses called by the defence had given evidence that there were cases of insanity in the family of the appellant. However, the court rejected the evidence adduced in support of Okon’s claim, convicted him of murder and ordeal that, he should die by hanging. Okon, who was not satisfied by the court’s judgement took his defence of insanity to the Court of Appeal, urging it to upturn the judgment of the lower court. The Appeal Court justices said the High Court was right in rejecting the plea of insanity.
The court further held that the burden of proving insanity rested on the appellant. The appellant the court added, failed to discharge the burden on him to prove that he was insane at the time of committing the offence.
The court held that, medical evidence is Sine qua non for proof of insanity, the justices of the court of appeal said there was no medical evidence to prove the state of the mind of the appellant at the point of the offence.
Okon’s evidence that he suffered typhoid and suddenly woke up at night and engaged in a struggle with his wife, the Court held was rightly rejected by the lower court. The court upheld the judgement of the lower court.
Note that the majority of successful cases have been the result of a plea agreements where the prosecution and the defence agree to “not guilty by reason of insanity”. Judges rarely accept the insanity defence. If the defence does work, the defendants don’t go free, they are rather confined to mental hospital.
Ewere resides in Port Harcourt.

Nkechi Bright Ewere