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VOL. 10, ISSUE 2 (2024)
A critical appraisal of the admissibility of the insanity defence under the nigeria legal jurisprudence
Authors
Augustine U Amadasun
Abstract
The insanity defence
is one of the most thoroughly studied and hotly debated issues in criminal law.
This discourse x-rays the admissibility of the insanity defence under the
Nigerian legal system. It provides both statutory provisions and judicial
decisions on the subject matter. It asserts that statutory provisions and the
deriving case laws are derived from the M’Naughten Rules, 1843. The paper says
that the Nigerian criminal law is primarily statutory in form –the Criminal
Code operating in the South and the Penal Code in the Northern part of the
country – with sections 27 and 28 of the criminal code and section 51 of the
penal code making appropriate provisions for the concept. The paper adds that
Nigerian courts have often disregarded expert opinions and preferred non-expert
opinions while adjudicating on the insanity defence cases because expert
opinions have been conflicting. It concludes that presently in Nigeria, the
insanity defence is admissible or available to a defendant if it is proven that
the accused was insane at the time he or she committed the crime. The paper
however recommends that Nigerian courts should rely more on the opinions of
expert witnesses rather than those of non-experts – especially where non-expert
corroborative evidence for insanity is lacking.
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Pages:41-45
How to cite this article:
Augustine U Amadasun "A critical appraisal of the admissibility of the insanity defence under the nigeria legal jurisprudence". International Journal of Law, Vol 10, Issue 2, 2024, Pages 41-45
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