ISHOLA KARIMU V. THE STATE

UWAIS, JSC (Delivering The Leading Judgment): This case has a history of going forward and backward. The appellant was, firstly, charged with the murder of his mother in the High Court of Ogun State holden at Ilaro. He was tried and convicted of the charge on the 27th day of July, 1982. Then he appealed to the Court of Appeal from the conviction. The latter court found (per Gambari. JCA)-

"...from the beginning of the proceedings, it was patently clear that the appellant had been detained in a mental hospital which necessitated the trial Judge to order for a psychiatrist report. Without waiting for the report, and without deciding whether the appellant was capable of understanding the proceedings and making his defence as provided under Section 223 of the Criminal Procedure Act, (Cap. 43 of the Laws of the Federal Republic of Nigeria, 1958) the learned trial Judge proceeded with the trial to the end and convicted the appellant of the charge before him. There was therefore a case which…