"The position of the law is that where two or more persons are charged with the commission of an offence, and the evidence against all the accused persons is the...
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"For purposes of exculpating an appellant from criminal responsibility, conviction and sentence, there must be no additional evidence incriminating the appellant. Putting it in another language, the convicting evidence cannot...
CRIMINAL PROCEDURE — Arraignment — Object of Section 215 — Ensuring Accused Understands Charge
"The object of an arraignment in terms of section 215 of the CPL is to ensure that justice is done to the accused by ensuring that he understands the charge...
"It is settled law that to avail himself of the defence of provocation, the appellant must have done the act for which he is charged (i) in the heat of...
"It is the duty of the trial court to have considered whether a reasonable person in such circumstances in consequence of such conduct, and the history of the existing relationship...
"For an accused person to successfully rely on the first limb of section 28 of the Criminal Code supra, he must prove that at the time the offence was committed,...
"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...
"But the law is that evidence of insanity tendered by the accused himself is suspect and is not usually taken seriously: see Onyekwe v. The State (1988) 1 NWLR (Pt....
"For the second limb of section 28 of the Criminal Code to avail an accused person as a defence, he must show that there is a set of facts which...
"Therefore, an accused person who pleads insanity as a defence to an offence with which he is charged has the burden of proving that he was suffering from insanity or...
"It is conceded that there was no motive established for the murder but it is trite law that mere absence of any evidence of motive for a crime is not...
"The evidence by the investigating police officer (PW.6) that the behaviour of the appellant was abnormal is of no moment because abnormal behaviour is not evidence of insanity: see Lamidi...