LEGAL PRINCIPLE: EVIDENCE LAW — Presumptions — Presumption of Sanity
PRINCIPLE STATEMENT
There is a general presumption that every person is sane until the contrary is proved. Section 27 of the Criminal Code provides that everyone is presumed to be of sound mind and to have been of sound mind at the time he committed the offence charged.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Guobadia v. State (2004) NLC-2952002(SC) at p. 4; Paras E–A.
"In considering whether the defence of insanity avails the appellant, it is well to bear in mind that there is a general presumption that every person is sane until the contrary is proved. In this connection, section 27 of the Criminal Code Law of Bendel State applicable in Edo State provides that everyone is presumed to be of sound mind and to have been of sound mind at the time he committed the offence charged: see Onakpoya v. The Queen (1959) NSCC 130, (1959) SCNLR 384."
EXPLANATION / SCOPE
Sanity is presumed; the accused bears the burden to prove insanity. The principle applies to criminal law. The presumption is rebuttable. The rule reflects the M’Naghten test. The prosecution need not prove sanity. The principle is well-established.