THE PLIGHTS OF MENTALLY ILL PERSONS UNDER THE CRIMINAL JUSTICE SYSTEM IN NIGERIA

Abstract

A fundamental presumption of Nigerian criminal law is that every person is presumed to be sane at all times relevant to liability until the contrary is proved. The burden of rebutting the presumption is upon the defendant. Despite the force of this presumption, it is not conducive to mental health, fair trial, or individual autonomy, for criminal justice institutions to process or deal with persons who are mentally ill the way persons who do not labour under abnormality of mind are conducted during investigation or trial, or to detain persons suffering from mental illness in regular prisons. Using the doctrinal approach, this article reviews extant legislation, cases, and practices associated with mental abnormality in Nigeria and finds that mentally ill persons require better protection in Nigeria. Apart from advocating amendments of legislation, it is suggested that relevant criminal justice institutions need to accord a more temperate disposition towards mentally ill suspects and defendants during criminal investigation, trial, and disposition in Nigeria.