YAKUBU KURE V. THE STATE

A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): On the 3rd day of December, 1987, after hearing the submissions of counsel and perusing the record of proceedings and judgment of courts below, I, in concurrence with my learned brothers who heard the appeal, allowed the appeal by the accused person, acquitted him of the offence of culpable homicide contrary to section 221(b) of the Penal Code by reason of the unsoundness of his mind and ordered that he be detained in a safe place at the pleasure of the Military Governor of Kwara State. I thereafter adjourned the Reasons for the Judgment till today. I shall now proceed to give the reasons.

The main issue raised in the appeal was whether on the evidence before the court, the defence of insanity under section 51 of the Penal Code was established and available to the appellant. Section 51 of the Penal Code Cap 89 vo1.3 Laws of Northern Nigeria 1963 reads:

"Nothing is an offence which is done by a person who at the time of doing it …