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ASUQUO ANA INYANG V. THE STATE

(1972) JELR 33819 (SC)

Supreme Court  •  SC.197/71  •  29 Sep 1972  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; GEORGE BAPTIST AYODOLA COKER JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The appeal in this case turns on whether the defence of insanity was established at the trial. The appellant was convicted of the murder of one Kokoma Ebiemi on the 4th September, 1970 and sentenced to death by Koofrey, J., on 2nd August, 1971 at the Calabar High Court. The appeal against the conviction was heard on 14th August, 1972 and dismissed. We now give our reasons.

The case for the prosecution was that the deceased, Kokoma Ebiemi, the appellant and several others, including 2nd, 3rd and 4th prosecution witnesses were asked to collect some cocoyams by their village chief. This was on the 4th September, 1970. The farms which the coco-yams were to be collected belonged to some Ibo farmers, who had deserted their village known as Ikot Ana Biase. Some of the people sent carried food with them as the farms were far away from their village. After walking for a distance of about four miles the people sat by the side of a stream…

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