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E. O. I. AKPATA, JSC (Delivering the Leading Judgment): This appeal has brought again into focus an issue this Court has pronounced upon on a number of occasions. It is that the onus of proving insanity is on the accused who should make available evidence to satisfy the court that he was insane at the time he committed the offence. Also relevant to this appeal is the question as to the circumstances insane delusion can avail an accused person in a defence to a charge of murder.
At the Nsukka Judicial Division of the Anambra State High Court holding at Nsukka the accused Anthony Ejinima was charged with the offence of murder punishable under section 319(1) of the Criminal Code Cap. 30 Volume 2 Laws of Eastern Nigeria 1963 in that on the 16th day of July, 1983 he murdered Ngozi Anthony his daughter.
It was the case for the prosecution that the accused had three children, two by Veronica Odo, PW.7, and one by Maria Odo Ukwueze, PW.4. The children of Veronica were Nkiruka a girl aged 3 an…