CHRISTOPHER AKHIMIEN V. THE STATE

ANIAGOLU, J.S.C. (Delivering the Leading Judgment): Two issues arose in this appeal on a case in which the Appellant was charged with murder, namely,

(1) whether the defence of insanity had been established, and

(2) whether there was an amendment to the information after the address of Counsel, and if so, whether there was a non-compliance with sections 163, 164, 165 and 166 of the Criminal Procedure Law 1976 of Bendel State.

Before, however, resolving these issues, a short account of the background facts as established in evidence and accepted by the trial Judge, is necessary.

The Appellant who was a relation of the father of the deceased was working at Agbor as a mechanic before the incident in this case.

On 10th December 1982 P.W.5 (EDUZELA MICHAEL), who was the mother of the deceased and the wife of P.W.6 (MICHAEL NEHIZENA), was cooking in the kitchen in her house with her son, the deceased, when suddenly they saw the Appellant running towards the kitchen through the sitting ro…