LEGAL PRINCIPLE: CRIMINAL LAW — Defences — Insanity — Defence of Insane Delusion Under Second Limb of Section 28 of the Criminal Code
PRINCIPLE STATEMENT
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 does not actually exist but which he imagines to exist, that as a result of his belief that the set of facts actually exists, he commits an act, and that if those facts had existed as imagined, they would have amounted to a complete defence to his act.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Guobadia v. State (2004) NLC-2952002(SC) at p. 6; Paras A–C.
"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 does not actually exist but which he imagines to exist, that as a result of his belief that the set of facts actually exists as he imagined them, he commits an act of omission or commission which has resulted in the charge on which he stands trial and that if those facts had existed as so imagined by him they would have amounted to a complete defence to his act which is called in question even though the factual situation was not real: see Anthony Ejinima v. State (1991) 6 NWLR (Pt. 200) 627 at 657."
EXPLANATION / SCOPE
The second limb of section 28 covers insane delusion. The accused must believe in non-existent facts. If those imagined facts were true, they would provide a complete defence. The principle applies to criminal law. The prosecution must prove the accused’s knowledge of reality. The principle is well-established.
