Donnish Journal of Law and Conflict Resolution

February 2018 Vol. 4(2), pp. 011-020

Copyright © 2018 Donnish Journals

Original Research Article

Criminal Responsibility and the Defence of Insanity, Insane Delusion and Irresistible Impulse in Nigeria

Udosen Jacob Idem

Lecturer, School of Continuing Education, Law Diploma Programme, University of Uyo, Nigeria.
Facilitator, School of Law, National Open University of Nigeria, Uyo Study Centre, Uyo, Akwa Ibom State, Nigeria.

Corresponding Author's Email: idemudosen@gmail.com

Accepted 20th January, 2018.

Abstract

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At Common Law and other common law jurisdictions including Nigeria, it is a well-established principle of law that no person can be held criminally responsible for his acts or omissions which occur independently of the exercise of his free will. Thus, insanity prevents the exercise of one`s free will and therefore a general defence in criminal law. This article analyses the defence of insanity and insane delusion under the Nigeria law. It also examines the standard of proof of insanity and preliminary inquiry into insanity during trial. The paper then reviews the effect of self-induced insanity. It concludes by making recommendations among others to include amendment of our laws in line with the United States current approach to the subject-matter.

Keywords: Trial Courts, Criminal Responsibility, insanity, insane delusion, irresistible impulse.

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Cite This Article:

Udosen Jacob Idem. Criminal Responsibility and the Defence of Insanity, Insane Delusion and Irresistible Impulse in Nigeria. Donnish Journal of Law and Conflict Resolution 4(2) 2018 pp. 011-020.