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ABSTRACT
It has been ethically, legally and socially accepted that a person who is suffering from some sort of mental disorder should not be held criminally responsible for his actions or inactions. This is a basic defence encapsulated in the human rights of every person. Its propriety is so true that the said defence do not only have a universal acceptance, but same forms part of the laws of every nation on this subject.
However, there are a few problems faced when it comes to the defence of insanity which includes, but is not limited, to the fact that legal scholars and jurists alike have limited knowledge of the behavioural patterns and attitudes as well as the abnormality that could pass for the definition of insanity or mental disorder. Therefore this work aims at appraising the scope of mental disorders properly and wholly to include insanity and other forms of mental illnesses. To draw a nexus between insanity and mental disorders and bring to the fore the lacunas that can be found in the laws as it relates to insanity. Also to create a wide range of possible interpretation of laws with regards to insanity and mental disorders in Nigeria and create proper and all round awareness on mental disorders and its effect on criminal liability.
This work examines the narrow provisions of the law on insanity in Nigeria and how much more encompassing it can be. It attempt to re-sensitize our legal scholars and jurists, re-educate the judiciary and general public, as well as increase awareness of other mental illnesses which can diminish the mental state of a person but are not insanity stricto sensu. This work also calls for a review or enactment of the laws as it pertains to insanity and other mental disorders in general by comparing and contrasting our laws with that of other advanced clines. It submits that other mental disorders ought to be regarded as capable defences in diminishing the criminal liability of its sufferer, while re-affirming the relevance of the defence of insanity in Nigeria.
