Kayode Adams was a student activist at the University of Lagos (UNILAG) in the midsixties. This was a period when the Federal Government removed Prof. Eni Njoku as the first Vice-Chancellor of the University and replaced him with Prof Saburi Biobaku. Shortly before the students’ protest on this issue, Adams stabbed the new VC when he assumed office in 1965. He was tried by a Lagos High Court and he pleaded insanity. FRANCIS FAMOROTI, Deputy Head, Judiciary highlights the case.

When the Federal Government established the University of Lagos (UNILAG) as one of the second generation universities in 1962, Eni Njoku, a Professor of Botany from the University of Ibadan was named its first Vice Chancellor. However, sometimes in 1965, after the expiration of Njoku's three-year term, the government, in its wisdom, announced his removal and replaced him with a renowned historian, Prof. Saburi Biobaku. As a result, the university community was engulfed in crisis following a dispute between the university s senate and council over the appointment of the new VC. Njoku was eligible for re-appointment, but the pro- chancellor of the University of Ife (UNIFE), now Obafemi Awolowo University, Prof. Biobaku, was appointed instead.

The UNILAG students at the time believed that the government's decision was laden with ethnic favouritism; they resisted the idea and protested against the action. They threatened fire and brimstone and asked the then Minister of Education, Chief Richard Akinjide to stop Biobaku from moving near the university. The students were opposed to change in the leadership of the ivory tower. But the government ignored the students threat and vowed that its decision was final, and irreversible. Having foreclosed the issue, the Abubakar Tafawa Balewa government notified the new VC that he had no cause to fear and the security agencies too assured him of adequate protection on the campus.

In ecstatic mood, Biobaku, an Egba- born scholar from the present day Ogun State relied on the assurances given him by the government to resume at his new duty post, and he made his way straight to the VC's lodge at UNILAG where he dropped his belongings. Interestingly, he was received by the principal officers of the university and thereafter formally assumed duty at the VC's office. On assumption of duty, it was customary for him, like any other new VC, to address the students and other members of the academic community. He needed to extend hands of fellowship to them and acquaint himself with the environment.

Against this backdrop, adequate arrangements were made for him to address the students. As Biobaku mounted the podium of the university auditorium in the presence of a large crowd of the students and members of the academic community awaiting his inaugural speech, he received more than he bargained for. Biobaku least expected it. A radical student activist, identified as Adams, surged forward from the crowd and stabbed the VC on the bac k, ostensibly in protest against Njoku's removal. The VC fell and Adams was immediately arrested by the Police.

There was tension in the university. This incident resulted into the closure of the university for months. According to the (1966) -1 All Nigeria Law Report vol 13, Adams was eventually charged before a Lagos High Court by the then Director of Public Prosecutions (DDP) of the Federation. The student activist was arraigned for unlawfully stabbing the VC. He pleaded not guilty and later raised a defence of insanity. At the trial, there was evidence that he acted under an uncontrollable impulse. In its judgment, the court found Adams guilty of wounding with intent to kill the VC.

The court, however, held that he was not liable for the offence as a result of his defence of insanity under Section 28 of the Criminal Code (CC). He was thus committed to a psychiatric institution pending the pleasure of the President. Dissatisfied with this verdict, Adams appealed against the decision of the high court and specifically for committing him to custodial order. It was argued on his behalf that he ought to have been discharged by the trial court and not committed to a mental institution.

The appellate court held that once a trial court determined that an accused person was not guilty by reason of insanity, the proper order to be made was remand in safe custody pending the pleasure of the Governor or the President, as the case might be. The matter went on further appeal to the Supreme Court. Rejecting the argument of the appellant's counsel, the Supreme Court held that if the accused person was found to have committed an offence as a result of insanity in accordance with sections 229 and 230 of Criminal Procedure Act (CPA), a committal order must follow. The essence being that the accused person should not to go scot-free. The law required that he should be kept away to prevent further dangers to the society and the state on its part has a duty to ensure that the accused was cured of his aliment.

It is because the consequence of a finding of insanity is a committal order that the defence, though a general defence applicable to all offences, is rarely invoked. The defence of insanity is invoked usually in offences that carry a death penalty such as a murder charge. Thus, the finding of insanity relieved Adams of criminal liability by virtue of s. 28 CC. Having been committed to a mental institution, his education was abruptly disrupted at UNILAG at the time.

Th e student later made a speedy recovery to sanity and he eventually regained his freedom a good deal sooner than if he had been convicted and sentenced for the act which he committed. As it were, after Biobaku's medical treatment, he returned to UNILAG and served his tenure without any further hitch. Since that unfortunate incident occurred 47 years ago, the university has never again witnessed any physical attack on any of its VCs.
Source:http://nationalmirroronline.net/law-and-justice/law-justices-news/30139.html

This stuff deserves Frontpage @lalasticlala

Front page please

Lalasticala

Lol..we nid students lik dis

C wat is happenin in AAUA, stab d lecturer, registrar, Vc, d governor..cos dey stabbed u already..

americaninja1:
C wat is happenin in AAUA, stab d lecturer, registrar, Vc, d governor..cos dey stabbed u already..

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