LEGAL PRINCIPLE: CRIMINAL LAW — Defences — Insanity — Factors Court Considers in Determining Defence of Insanity
PRINCIPLE STATEMENT
In determining the defence of insanity, the trial judge must consider any admissible medical evidence and the whole of the facts and surrounding circumstances, including the nature of the killing, the conduct of the accused before, at the time, and after the killing, and any history of mental abnormality.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Guobadia v. State (2004) NLC-2952002(SC) at p. 9; Paras A–B.
"In determining the defence of insanity, the trial Judge is enjoined to take into consideration any admissible medical evidence and the whole of the facts and the surrounding circumstances of the case which will include the nature of the killing, the conduct of the accused before, at the time as well as after the killing and any history of mental abnormality: see Ishola Karimu v. State (1989) 1 NWLR (Pt.96) 124, (1989) 1 SC 121 at 139."
EXPLANATION / SCOPE
The court must consider all circumstances, not just medical evidence. The principle applies to criminal law. The court examines behaviour before, during, and after the act. The rule ensures comprehensive assessment. The court may also consider past mental abnormality. The principle is well-established.
