Ishola Karimu V The State (1989)

LawGlobal-Hub Lead Judgment Report

UWAIS, J.S.C. 

This case has a history of going forward and backward. The appellant was, firstly, charged with the murder of his mother in the High Court of Ogun State holden at Ilaro. He was tried and convicted of the charge on the 27th day of July, 1982. Then he appealed to the Court of Appeal from the conviction. The latter court found (per Gambari. J.C.A)-

“…from the beginning of the proceedings, it was patently clear that the appellant had been detained in a mental hospital which necessitated the trial Judge to order for a psychiatrist report.

Without waiting for the report, and without deciding whether the appellant was capable of understanding the proceedings and making his defence as provided under Section 223 of the Criminal Procedure Act, (Cap. 43 of the Laws of the Federal Republic of Nigeria, 1958) the learned trial Judge proceeded with the trial to the end and convicted the appellant of the charge before him. There was therefore a case which calls for an investigation of the doubt whether the appellant was fit to stand his trial, and that there was no investigation carried out in accordance with law.”

The conviction and sentence were therefore quashed by the Court of Appeal and a retrial was ordered before another Judge of the High Court of Ogun State with a directive that the re-trial Judge shall-

“…satisfy himself by evidence that the appellant has recovered his senses and is fit to stand his trial and capable of making his defence from the commencement to the end of the proceedings.”

The Court of Appeal made a further order that the appellant should be detained in prison custody and should “be placed under medical observation and an appropriate medical report be submitted to the court which will try him.”

The second trial of the appellant, which is the retrial that was ordered by the Court of Appeal began on the 3rd day June, 1985 before Sekoni, J. of the High Court of Ogun State, sitting at Ilaro. The charge of murder was read and explained to the appellant, who pleaded not guilty to the charge. As the appellant was then unrepresented, the case was adjourned to the 3rd day of July, 1985 with a request to the Legal Aid Council to assign a counsel to the appellant.

After series of adjournments by Sekoni J. the case came before Oduwole, J. of the same Court on the 9th day of September, 1985, who made the following orders –

“Case adjourned to 18th and 19th September, 1985 for definite hearing. It is hereby ordered that Dr. O.A. Sijuwola of the Neuro Psychiatric Hospital, Aro be put on subpoena immediately. It is further ordered that the accused be sent immediately to Neuro Psychiatric Hospital, Aro to ascertain his fitness to plead and to stand trial.”

One wonders what become of the order made by the Court of Appeal that the appellant should be placed under medical observation and a report of the observation be submitted to the trial court; and why it was necessary for Oduwole J. to make the same order.

Be that as it may, Dr. Sijuwola appeared before Oduwole, J. on the 18th day of September, 1985 and explained that he had seen the appellant sometime ago and requested more time to examine the appellant for the purpose for which the subpoena was served on him. The request was granted and the trial was adjourned. After another adjournment, Dr. Sijuwola eventually appeared before Oduwole J. and testified as P.W.1 as follows –

“I know the accused who was first referred to me for examination on 18th May, 1981 and again on the 21st September, 1985. At the time I saw him in 1981 I issued a report to the effect that he had his first psychiatric virus in 1978 according to the history given to me by his father and it was as a result of the virus that he was repatriated from Lome and sent to Psychiatric Hospital, Yaba. It was after his discharge in 1979 that he was reported to have an aggressive outburst.

At the time I saw him in 1981 no history could be obtained from him. He did not respond to his name and was totally absorbed in a world of his own and from time to time he murmurs incoherently to himself followed by loud giggling. He was also exhibiting behaviour suggestive of hallucination and had catatonic posturing. Following this, I made a diagnosis of catatonic schizophrenia and treatment was initiated and after which he responded to treatment and his mental state became normal.