THE PLEA OF INSANITY IN NIGERIAN LAW
THE PLEA OF INSANITY IN NIGERIAN LAW
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Date
1986-10
Authors
OLUGBENGA, ABOABA OMOTESHO
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Abstract
"The misery of the insane more thoroughly excites
our pity than any other suffering to which humanity
is subject* but it is necessary that the madness
should be acknowledged to be madness before the
pity can be felt"1.
Basically, two principles may be said to underlie the
general exceptions to criminal responsibility. Firstly,
the circumstances surrounding the commission of the act
may amount to a legal justification for its commission.
Secondly, the circumstances may be incompatible with
the existence of mens rea. The plea of insanity falls
within the latter category. The plea expresses the principle
that one who has lost his "reason" should not be criminally
condemned.
The insanity plea is a focal point on which many
different policy questions converge. Some of these questions
are:
(a) what is the most efficient way of protecting society
from those whose state of mind leads them to do social harm?
1. Trollope. "He knew he was Right" Cited by Williams,
G. (1978) Textbook of Criminal Law stevenS, London.
F. 587. '
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(b) what is the role of medical expert in the inquiry
into insanity?
(c) should the prosecution have the right tc introduce
the plea, even against the wishes of the accused?
(d) in the disposal of the insanity cases, how best can
the individual's right be reconciled with the need
to rehabilitate him and the protection of the Community?
These are complex problems and are all interwined.
The plea of insanity and the controversies generated
by it justify their significance, in part, on the fact that
in those cases in which the plea is invoked, fundamental
principles of justice and morality are at stake. The
availability of the plea expresses albeit, symbolically,
the concern of the law with citizens as rational creatures.
The plea of insanity, like other general defences to
criminal responsibility, is open to an ad person in
all criminal proceedings although it is often pleaded only
to the more serious offences carrying the death Penalty.
In other words, the more serious the charge, the greater
is the necessity to examine the accused',". :.ental state.
This need is rather imperative in Homicide cases. The
insanity plea is raised either alone or with similar defence ;.
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The expression "insanity is capable of covering both
insanity at the time of trial and insanity at the time
of the offence. It is with the latter sense that the
greater part of the literature on the subject is predicated.
This distinction must be kept in focus for a thorough
appreciation of the subject.
Organisational Structure.
The dissertation is divided into seven chapters.
Chapter I which is the introductory chapter, traces generally
the origin of the Penal as well as the Criminal Codes, the
relationship between the two Codes, and the relationship
between the Nigerian Codes and other Legal Systems.
Chapter II deals generally with the problem of
definition of insanity and the rationale for the plea
of insanity. It also traces the genesis Of the concept,
its various metamorphosis, culminating in the M'Naghten
ilejs. The Chapti ith an i ;ion of the main
limitations of the English rules.
Chapter III discusses the insanity defence in Nigerian
Law vizs the exposition of the Salient features of the
nal Code and Criminal Code Provisions on 'the insanity
defence.
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Chapter IV examines the defence of insanity as found
in other jurisdictions. Particular attention is paid to
the concept of insanity under customary and islamic law
and. insanity in some Common Law jurisdictions such as
Ghana, Sudan and America.
Chapter V treats the evidence and procedure of proving
insanity viz: the trial of the issue of insanity, the
burden and quantum of proof and the methods of proving
insanity.
Chapter VI examines some issues related to insanity
defence. Examples of such are automatism, intoxication
(delirium Tremens) and infanticide (the effect of
lactation).
Chapter VIII the concluding Chapter, is a summary of
the dissertation and the conclusions drawn there from. It
also includes the researcher's recommendations for reform.
All these are humbly made with a view to curing some of
the patent defects now existing in the Law.
Description
A dissertation submitted to the Postgraduate
School, Ahmadu Bello University, Zaria. in
partial fulfillment of the requirements for
the degree of: MASTER OF LAWS (LL.M.).
DEPARTMENT OF: PUBLIC LAW
FACULTY OF : LAW
AHMADU BELLO UNIVERSITY, ZARIA.
OCTOBER, 1986.
COPYRIGHT;
NO PART OF THIS DISSERTATION MAY
BE REPRODUCED IN ANY FORM WITHOUT
PRIOR PERMISSION.
Keywords
PLEA,, INSANITY,, NIGERIAN LAW.