DEFENCE OF INSANITY UNDER THE NIGERIAN CRIMINAL JURISPRUDENCE: EVALUATION OF THE DEFENCE OF INSANITY UNDER THE NIGERIAN CRIMINAL JURISPRUDENCE

Abstract

All legal systems have to some degree or other incorporated the simple moral idea that no
one should be convicted of a crime unless some measure of subjective fault can be attributed
to him. Nigerian law is not an exception as defences have been provided for those who
cannot be said to be at fault such as the insane, for young people yet to attain the age of
criminal liability, for those who acted in a state of unconsciousness or under compulsion,
and so on. This paper discussed the concept of criminal responsibility, the burden of proof
and the defence of insanity under Nigerian Criminal Law. The paper used the doctrinal
methodology of legal research by using decided cases, law textbooks, journals and some
seminar papers on the issue to discuss the defence of insanity. The paper finds that everyone
is presumed sane until the contrary is proved and that the defence of insanity is one which
requires the accused to show that he or she was suffering from a defect of reason at the time
of commission of the offence.