An Akure High Court in Ondo has acquitted and set free a man, Olufoye Isaac Ojo, of rape and murder of a woman after establishing that he was mentally unstable.
Ojo who was said to have raped one Lydia Ayeni, in a farm settlement in Ipe Akoko in February 2018, was said to be mentally unstable when he committed the offence.
The Prosecution led by Stella Adegoke had established before the Court that the accused raped and killed the victim and was charged on a two-count charge of rape and murder.
But the defendant counsel entered a “not guilty” plea and established that the defendant was mentally unstable when he committed the crime.
The mother of the defendant, Madam Esther Olufoye, told the court that the defendant was relocated to Ipe Akoko from Kaduna when he started behaving strangely.
She told the court that the accused set his shop ablaze and ran away from home only to relocate to the cemetery where he was discovered after some days.
The mother said the development prompted the family to relocate him to the village in Ipe Akoko where he committed the offence, saying the accused was taken to the hospital where some drugs were prescribed and was responding to treatment before the ugly incident happened.
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Also testifying, the Chief Medical Director of Ondo State Psychiatric Hospital, Akure, Dr Akinwumi Akinnuoye, confirmed that the accused had a psychotic disorder whereby he would hallucinate and hear voices telling him to do certain things.
Delivering the judgement, Justice Samuel Bola, said the evidence before the Court showed that the defendant committed the crime under the mentally unstable condition and could not be held responsible for the offences he had committed.
Justice Bola cited section 27 of the Criminal Code law which states that everyone is assumed to be sane until they do something that shows them to be otherwise.
The Judge observed the unsoundness of mind of the defendant was confirmed by his parents and the prison officials and held that the defendant had adequately proved beyond reasonable doubt the insanity of the defendant.
He, therefore, ruled that the defendant could not be held responsible for his conduct and was discharged and acquitted.
Court acquits mentally unstable man of rape, murder in Ondo
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