James Anyim V. The State (1983)

LawGlobal-Hub Lead Judgment Report

ANIAGOLU, J.S.C. 

Section 26 of the Criminal Code Law of Oyo State which deals with INSANITY has two major segments of mind affliction:

(i) mental disease or natural mental infirmity;

(ii) delusions, on some specific matter or matters.

I am concerned in this appeal, which was dismissed on 12th May 1983 and reasons for the dismissal reserved for today, with the second segment, the provisions of which are that:

“A person whose mind, at the time of his doing or omitting to do an act, is affected by delusions on some specific matter or matters, but who is not otherwise entitled to the benefit of the foregoing provisions of this section, is criminally responsible for the act or omission to the same extent as if the real state of things had been such as he was induced by the delusions to believe to exist.”

The issue has arisen as a result of the conviction for murder, of the appellant, by the Ilesha High Court, of the Ilesha Judicial Division of the” Oyo State (V.O. Adio, J. ), on 28th June 1979. The appellant unsuccessfully appealed to the Federal Court of Appeal on the ground of Insanity on which unsuccessfully urged that the trial court should have inferred, from the facts adduced in evidence, that he was insane at the time he committed the act. The short facts of the case were that:

The appellant was a head labourer under the employment of a contractor, one S.B. Bakare. In their workplace there was a young girl known as “Toyin” who came around to sell cigarettes and other wares to the appellant and to the other labourers. The appellant took fancy to her and would buy her presents, help her collect the debts being owed to her by other labourers, and, generally, would protect her from any molestations from people around. It got to the extent that the other labourers started regarding Toyin as the appellant’s girl-friend. The labourers and the people around teased the appellant by playfully calling him Toyin’s boyfriend. They would ask Toyin if she would marry the appellant and she would jocosely reply in the affirmative.

Apparently, the appellant had taken the matter seriously to heart. This time he bought some presents for the girl who, presumably, equating her acceptance of the gift as tantamount to her acceptance of marriage, refused the offer. The appellant was not happy about this and particularly so as his co-workers taunted him about the girl’s refusal of the gift. The appellant grew morose and introspective and conceived that his co-workers and the people around were against him. So obsessed about this was the appellant, that on the 4th day of August 1976 he went and made a report at the police station complaining that one Lasisi Ogundipe (P.W.B) and some other persons were planning to kill him, although he could not give any reason why they would want to kill him. The police invited Ogundipe, and those others who denied planning to kill the appellant and made written statements to that effect. The police warned them not to kill the accused and then reassured the appellant.

It would appear that on the next day, 5th August, 1976, at about 1 p.m., the appellant took out his matchet and went on a rampage during which he killed at least two people including the victim of this murder charge, Sadatu Awero, who was his landlady. Why he did this, and the state of the appellant’s mind, could best be gathered from his evidence in court, part of which read:

“I knew the said Sadatu Awero. She was my landlady. She was the owner of the house in which I was living. I know one girl or lady called Toyin. I met Toyin at the place when I was working- Toyin used to come to the place where I was working. Toyin used to come to the place to sell bread and ciggarets (sic). If anybody was owing (sic) her I used to help her to recover the money. Toyin was not my girl friend. I was not friendly with her I helped to recover her debts because I was the head of the labourers/workers in that place. I even did so only once; I helped to recover her debt only once. It was from one, Santana that I recovered the debt. Toyin was in Ilesha before I was arrested.

I know where she was living but I have forgotten the name of the street.

As a result of the assistance which I used to give to the said Toyin some of the workers used to ask whether I was her boy-friend and she, used to answer in the affirmative. As a result of the comments about me and Toyin our foreman terminated my appointment. After my appointment was terminated, whenever people saw me in the streets some of them used to say that I was the boyfriend of Toyin. Even when I was in my house people in taxi cabs when they saw me used to point to me saying ‘Is this the boyfriend of Toyin’

It was one occasion, I think that the name of the driver of the taxi cab is Obi but do not know the names of the people in the taxi cab. On another occasion one person rode a motor-cycle to our house. He too pointed to me and said “This is Toyin’s boyfriend”. I do not know the name of the person. I do not remember the month of the year when the person aforesaid did so. .