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INSANITY AS A DEFENCE TO CRIMINAL LIABILITY IN NIGERIA
Abstract:
The concept of insanity as a defense to criminal liability has been a subject of extensive legal discourse and debate globally, including in Nigeria. This abstract provides an overview of the legal framework and challenges surrounding the use of insanity as a defense in the Nigerian criminal justice system.
Nigeria, like many other jurisdictions, recognizes insanity as a potential defense to criminal liability. The foundational legal principles governing this defense can be traced back to common law, which has significantly influenced Nigeria’s legal system. The key case in Nigeria, often cited in matters of insanity defense, is the M’Naghten Rules, which establish the criteria for determining legal insanity.
This abstract highlights the complexity of applying the insanity defense in Nigeria. It discusses the difficulties in defining and proving insanity, the role of expert psychiatric testimony, and the challenges associated with the lack of a comprehensive and up-to-date legal framework specifically addressing mental health issues in the criminal justice system.
Furthermore, this abstract delves into the cultural and societal factors that influence perceptions of mental illness in Nigeria. Stigmatization and lack of awareness surrounding mental health issues often hinder individuals from seeking appropriate treatment, exacerbating the difficulties in establishing an insanity defense.
In recent years, there has been a growing awareness of the need for reform in the Nigerian legal system regarding mental health issues. Policymakers and legal scholars have called for legislative changes that would provide a more comprehensive and nuanced approach to the insanity defense. These proposed reforms aim to ensure a fairer and more just treatment of individuals with mental illnesses within the criminal justice system.
In conclusion, this abstract sheds light on the multifaceted challenges associated with using insanity as a defense to criminal liability in Nigeria. It emphasizes the need for legal and societal reforms to better protect the rights of individuals with mental illnesses and to ensure a more equitable and just criminal justice system in Nigeria.
