A man found guilty of killing his wife has attempted to justify
his actions by claiming he was insane at the time of committing the act. Edet Okon, is said to have stated that he stabbed his wife to
death in the middle of the night because he had typhoid and was not with is
senses.
Two of the convict’s family members also testified that mental
illness was a common trait in the Okon family. However, the Court of Appeal, in confirming the judgment of a
lower court, decided that the convict’s defence had no merit and as such he was
sentenced to die by hanging.
The Sun reports:
Okon,
who had earlier been found guilty of the offence of murder by a Lagos State
High Court and sentenced to death by hanging, had approached the Lagos Division
of the Court of Appeal in 2010 to reverse the decision of the lower court.
But
in a unanimous judgement, the Court of Appeal said it found no merit in Appeal
No. CA/L/553/10 and dismissed it. Justice Ikyegh, who read the lead judgement,
held that Mrs. Okon’s blood was crying for vengeance and the “appellant should
reap what he has sown blood for blood.”
The
condemned man had claimed at the court that he was insane at the time he
stabbed his wife to death with a ‘spoon’ in the dead of the night. Two family
members had also testified to the claim of insanity, saying madness ran in the
Okon family.
But
the court disbelieved the evidence adduced in Okon’s favour, convicted him of
murder and ordered that, “you be hanged by the neck until you be dead and may
the Lord have mercy on your soul.”
Dissatisfied
with the court’s verdict, Okon decided to take his plea of insanity a step
higher by approaching the Court of Appeal to pronounce that the lower court
erred when it discountenanced his defence of not being in control of himself
when the incident occurred.
But
the appeal panel held in its judgement that the lower court was right in
rejecting the plea of insanity, asserting that the defence did not hold water.
The
burden of proving insanity, the Court of Appeal said, was entirely on the
appellant. Okon, the court held, failed to discharge the burden on him to prove
that he was not only insane, but was also not in control of himself at the time
of committing the offence.
Holding
that, ‘medical evidence is sine qua non for proof of insanity’, the justices of
the Court of Appeal said there was no medical evidence to prove the state of
the mind of the appellant at the point of the offence.
Okon’s
evidence that he suffered typhoid and suddenly woke up at night and engaged in
a struggle with his wife, the court held, was rightly rejected by the lower
court.
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