MICHAEL OJI OGBU V. THE STATE

E. O. OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The accused who is the appellant in this court was tried and convicted at the Ikom Judicial Division of the High Court of the Cross River State of the murder of his father (Ogbu Mbeh) at Etomi Village in the said Ikom Judicial Division on 11th September, 1980. He was sentenced to death by hanging.

He was dissatisfied with the decision and appealed to the Court of Appeal sitting at Enugu. The Court of Appeal dismissed his appeal and affirmed the judgment of the trial court. The appellant has further appealed to this court.

From the grounds of appeal filed, the following issues for determination were identified in the appellant's brief of argument filed on 13:11:91:-

"1. Whether the evidence of the accused alone as to the defence of insanity is insufficient to establish or prove insanity and whether the accused is bound to call other witnesses such as Doctor's Medical History e.t.c. before he can prove the defence of insanity in…