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ANIAGOLU, J.S.C. (Delivering the Leading Judgment): Section 26 of the Criminal Code Law of Oyo State which deals with INSANITY has two major segments of mind affliction:
(i) mental disease or natural mental infirmity;
(ii) delusions, on some specific matter or matters.
I am concerned in this appeal, which was dismissed on 12th May 1983 and reasons for the dismissal reserved for today, with the second segment, the provisions of which are that:
"A person whose mind, at the time of his doing or omitting to do an act, is affected by delusions on some specific matter or matters, but who is not otherwise entitled to the benefit of the foregoing provisions of this section, is criminally responsible for the act or omission to the same extent as if the real state of things had been such as he was induced by the delusions to believe to exist."
The issue has arisen as a result of the conviction for murder, of the appellant, by the Ilesha High Court, of the Ilesha Judicial Division of the" Oyo Sā¦