MENTAL HEALTH AND SUBSTANCE ABUSE LEADING TO INCARCERATION RATHER THAN REHABILITATION.

By Chantel Umar

1.0       INTRODUCTION

In Nigeria, individuals with mental health disorders or substance use disorders often face systemic challenges within the criminal justice system. Instead of receiving appropriate treatment and rehabilitation, many are subjected to prolonged incarceration, which exacerbates their conditions. This article examines notable Nigerian cases that highlight these issues and discusses the legal implications.

The most succinct definition of health was given in the preamble of the World Health Organisation’s (WHO) Constitution, it defined Health as “A state of complete physical, mental and social well-being and not merely the absence of disease or infirmity”[1]. It went further to explain that Mental health is more than the absence of mental disorders, It is an integral part of health, and there is no health without mental health. Mental health is determined by individual, social, and structural factors such as socioeconomic status, trauma, and access to care.

It is worthy to note the slight difference between Mental health conditions, mental health disorder and insanity for a better understanding of the subject matter. Mental health conditions, is a broader term covering mental disorders, psychosocial disabilities and (other) mental states associated with significant distress, impairment in functioning, or risk of self-harm.

A mental disorder also known as mental illness is characterized by a clinically significant disturbance in an individual’s cognition, emotional regulation, or behaviour.  It is usually associated with distress or impairment in important areas of functioning. There are many different types of mental disorders[2].  There are many different kinds of mental illness including:

• Anxiety disorders
• Depression
• Bipolar disorder
• Eating disorders
• Post-traumatic stress disorder
• Schizophrenia
• Disruptive behaviours and dissocial disorder
• Nuerodevelopment disorder

While “Insanity” is a legal term, not a medical diagnosis, while “mental health condition” is a medical term referring to a range of conditions affecting mood, thinking, and behavior. “Insanity” is used in a legal context to determine if an individual is responsible for their actions, particularly in criminal cases, while mental health conditions are diagnosed and treated by medical professionals Insanity is usually reserved for describing severe conditions involving psychotic-like breaks with reality, while Mental Illness can include both severe and milder forms of mental problems (such as anxiety disorders and mild depressions).[3]

Insanity is defined by the Black’s Law Dictionary, 6th Edition as a condition which renders the affected person unfit to enjoy liberty of action because of the unreliability of his behavior with concomitant danger to himself and others. In the case of EDET OKON V. THE STATE [4] The SUPREME COURT OF NIGERIA  per OKORO, J.S.C. stated thus;

“Insanity includes any mental disorder severe enough that it prevents a person from having legal capacity, and excuses the person from criminal or civil responsibility.”

Also In the case of OKEKE V. STATE[5] the Supreme Court held thus;

“There is insanity that occurs through natural process without any inducement. There is a disturbance of the mind whereby the accused never knew what he was doing, or knew what he was doing but never appreciated the consequences. This type of insanity is a defence if pleaded and proved. The other type of insanity is the one that is self-induced by an accused person by taking of alcoholic drink or other intoxicating and stupefying substance that renders the accused insane for a period because of the effect of the drink or stupefying substance. The substance could be drug like cocaine, cannabis sativa or any of the gaseous substances having intoxicating and stupefying influence on the consumer”.

Across the globe, the intersection of mental health, substance abuse, and incarceration continues to raise serious concerns among health-care professionals, lawmakers, and human rights advocates. In Nigeria and many other countries, prisons have increasingly become de facto mental health institutions, not by design but by systemic failure. Rather than offering pathways to healing and reintegration, many individuals suffering from mental illnesses or substance use disorders (SUDs) find themselves trapped in a revolving door of incarceration.

Research consistently shows a strong correlation between untreated mental health conditions, substance use, and criminal behavior. For many individuals, untreated psychiatric disorders lead to self-medication through drugs or alcohol, which in turn can result in criminal acts from petty theft to drug-related offenses. The justice system, rather than addressing the root causes, often responds with incarceration, where treatment is either minimal or entirely absent.

Once inside the prison system, individuals with mental health issues frequently deteriorate. Isolation, lack of access to psychiatric care, and the trauma of prison life exacerbate symptoms. Upon release, these individuals face immense barriers: stigma, unemployment, housing instability, and limited access to healthcare. Without sustained support, relapse and recidivism become almost inevitable.

2.0       OVERVIEW OF MENTAL HEALTH RIGHTS IN NIGERIA

2.1       History of Mental Health Legislation in Nigeria

Laws and Policies are the cornerstones of a coordinated government effort to promote the rights of people with psychosocial, intellectual, and cognitive disabilities and put in place services and supports to meet their needs and promote their recovery[6]. Mental health law includes a wide variety of legal topics that relates to people with a diagnosis or possible diagnosis of a mental health condition, and to those involved in managing or treating such people. These laws cover cogent aspects such as Involuntary commitment, laws that prohibit discrimination based on mental health conditions, laws governing treatment professionals, confidentiality, informed consent, expert testimony or other psychiatric evidence in court, and also criminal laws which include laws governing fitness for trial or execution, and the insanity defence.        While a mental health policy is a specific written document of the government or Ministry of Health containing the goals for improving the mental health situation of the country, the priorities among those goals, and the main directions for attaining them, it includes important components such as the advocacy for mental health rights, promotion of mental well-being, prevention of mental disorders, treatment of mental disorders, and rehabilitation to help mentally ill individuals achieve optimum social and psychological functioning. One of the banes of mental health laws and policies in recent times is not in their lack of existence, but the lack of implementation which may be due to various reasons.[7]

The history of mental health regulation in Nigeria dates back to the pre-colonial era through the English Statutes of 1845 and 1890, applicable to Nigeria as a Statute of General Application. In 1906, the Lunacy Ordinance was passed in the then-Southern Province. The Ordinance among other things, authorised the government to establish a Lunatic asylum. This led to the building of the asylums in Yaba (Lagos), Lantoro (Abeokuta), and Calabar in 1907 [8].The Lunacy Act of 1958 is the mental health legislation that was instituted by the British colonisers in Nigeria, the act was enacted two years before Nigeria gained its independence, this law was not only archaic but oppressive, it failed to recognise basic human rights, and stripped persons living with mental health conditions of their autonomy to make key decisions.            In Nigeria, the lack of integration of mental health into primary care under the Lunacy Act 1958, has been a stumbling block to the implementation of the 1991 National Mental Health Policy, the 2013 Policy on Mental Health Services Delivery and the National Mental, Neurological and Substance Use Programme and Action Plan[9]. up-till-the-moment President Muhammadu Buhari appended his signature to a new document, this faulty, archaic piece of legislation was evidence that Nigerians saw mental illness as a monolithic and rather abhorrent entity, instead of hundreds of different diagnoses with different causations and trajectories, like physical illness[10].

A mental health policy has been defined by the WHO as an “organised set of values, principles and objectives for improving mental health and reducing the burden of mental disorders in a population”[11].Mental health legislation constitutes the legal framework for protecting the basic human and civil rights of individuals with mental health disorders. Mental health legislation is the cornerstone of mental health reforms, planning policies and mental health programs[12]. Mental health legislation may be used as an instrument to protect the rights of mentally ill persons to freedom from discrimination, access to health care, personal liberty, as well as the right to education, housing and employment[13].Mental health policies, plans and legislations are integral aspects of mental health action, serving as the foundation for the implementation of other actions.

One of the primary and most important steps in mental health promotion is the adoption of a national policy and strategic plan for action, such as the passage of the National Mental Health Act 2021. Mental health legislation contributes to the protection of human and civil rights for those with mental health disorders and concerns itself with facilities that provide treatment, personnel, professional training and service structure. It is comprised of provisions for protecting individual patients, as well as compulsory admissions and restraint, when necessary, and discharge criteria, among others[14]. Asides the basic legal framework on mental health, there are other legislations and policies which affect the lives of persons with mental disorders. These include legislation and policies on housing, employment, education, health, non-discrimination and the protection of vulnerable groups. They also extend to criminal justice legislation on the culpability of mentally ill offenders, fitness to stand trial, conviction, and treatment of such persons.

2.2       National Mental Health Act 2021

The long title of the Bill states that it is an Act to establish the Mental Health Services Department to promote and protect the rights of persons with intellectual, psychosocial, or cognitive disabilities, provide for enhancement and regulation of mental health services in Nigeria; and for related matters.      This law is a welcome development, as its implementation is projected to significantly usher in a new approach to mental health in Nigeria. The repealed Act (Lunacy Act 1958), which provided for the confinement of persons with mental illnesses in asylums in order to protect other citizens from violence, fails to adequately protect the rights of persons with mental illnesses or to focus on their rehabilitation. In its innovative approach, the National Mental Health Act 2021 defines mental health conditions as “Impairments, activity limitations and individual and participatory restrictions arising from diagnosable mental disorders which involve significant changes in thinking, emotion or behaviour and cause distress or problems in the interaction between the individual and his environment and include intellectual, psychosocial or cognitive disabilities”[15]. It also provided for treatment as well as the establishment of various mental health-related entities within the Federal Ministry of Health, including the Department of Mental Health Services[16], the Mental Health Fund[17], and the Mental Health Assessment Committee.[18]

The Act introduces new approaches to mental health care, focusing on the coordination of mental health service delivery. Its overarching goal is to support recovery, rehabilitation, and the social integration of people with mental health conditions.

The Mental Health Services Department is empowered to implement the provisions of the Act. Its primary objectives include promoting humane, culturally sensitive mental health services and safeguarding the rights and safety of individuals with mental health challenges. To achieve this, the Department is tasked with developing national policies and plans, conducting research, monitoring and evaluating implementation, and fostering inter-agency and interdisciplinary collaboration.

The Department also works to uphold service standards, encourage community-based care and rehabilitation, and ensure access to education, vocational training, and recreational opportunities within mental health facilities. Additionally, it promotes mental well-being for all Nigerians through awareness campaigns and access to information.

The Act establishes a Mental Health Fund to finance its implementation. This fund may receive voluntary donations, National Assembly-approved funds, international grants, and other sources approved by the Ministry of Finance.

Furthermore, the Act sets up a Committee to oversee complaints, appeals, and periodic reviews of individuals in psychiatric care or under involuntary treatment. The Committee includes a legal practitioner with at least 10 years of post-call experience and expertise in medical law, a consultant psychiatrist, a medical social worker, a civil society representative, and a community gatekeeper, ensuring gender balance.

This Committee has the authority to order the discharge of individuals who no longer meet the criteria for involuntary admission or who can be treated as outpatients. It determines its own procedures in accordance with fundamental rights, ensures proceedings are documented, and allows dissatisfied parties to appeal to the High Court.

3.0       SUBSTANCE ABUSE

Substance use disorders are particularly common among incarcerated populations. According to the National Institute on Drug Abuse, more than 65% of the Nigerian prison population meets the criteria for addiction. However, fewer than 11% receive any form of treatment while incarcerated. Rather than addressing addiction as a public health issue, it is often criminalized, especially in low-income and marginalized communities.

The lack of comprehensive treatment and aftercare plans upon release contributes to a high risk of overdose and re-offending. Many are released without medication, therapy, or a safe environment all of which are conditions ripe for relapse.

Studies indicate a significant prevalence of mental health and substance use disorders among Nigerian inmates. Psychoactive substance disorders among prison inmates are challenges to the prison authority, and this may interfere with the processes of reformation and rehabilitation therein. The study assessed the prevalence, pattern, and correlates of psychoactive substance use in a cross-sectional study involving 552 new inmates in a custodial center in Enugu, Nigeria. Diagnoses were made using the MINI-Plus (version 6) in line with the ICD 10. Lifetime and 12-month prevalence of psychoactive substance disorder were 57.4% and 50.7%, respectively. The commonest substance disorders were tobacco (48.2% lifetime and 41.1% 12-month), cannabis (36.8% lifetime, and 32.4% 12-month), and alcohol (7.2% lifetime, and 6.9% 12-month).[19]

Similarly, a study on awaiting trial inmates in Ibadan found that 56.6% exhibited neuropsychiatric disorders, highlighting the widespread nature of mental health issues within the prison population.[20]

4.0       Mental Illness Behind Bars – A Broken System in Need of Reform

The concept of mental health is an integral part of human existence, the importance cannot be overemphasized at every stage of life. To fully cater to the needs of persons living with mental conditions, it is important to establish service programs that can adequately cater for care and treatment. The provision of these services rests primarily on the implementation of properly structured policies, legislation, and frameworks that provide guidelines for mental health service delivery. Incarceration is especially devastating for individuals with serious mental illness such as schizophrenia, bipolar disorder, or severe depression as jails and prisons are ill-equipped to provide the necessary care. As a result, these individuals are more likely to face solitary confinement, disciplinary action, and re-arrest upon release instead of rehabilitation with should be duly accorded to them       

According to the Treatment Advocacy founder Dr. E. Fuller Torrey, jails and prisons have become de facto hospitals for people with mental illness. Individuals with mental illness are ten times more likely to be incarcerated than hospitalized and 18 times more likely to find a bed in jail than at a state hospital. Forty percent of all people with mental illness will at some point come into contact with the criminal justice system. And, in the state where I live, there is a 2.6 to 1 likelihood of incarceration versus hospitalization. Of the 40,000 people incarcerated, 17% have severe mental illness. According to the NIMH, one in 25 individuals struggle with a severe mental illness that may cause psychosis. NAMI reports that three out of 100 people will experience psychosis at some point in their lives.[21]

In Nigeria, it is already an established facts that individuals with mental health disorders or substance use disorders often face systemic challenges within the criminal justice system, Instead of receiving appropriate treatment and rehabilitation, many are subjected to prolonged incarceration, which exacerbates their conditions

The current system prioritizes punishment over healing. drug courts, diversion programs, and community-based mental health services don’t exist. The result is a system where the most vulnerable individuals are penalized rather than supported. True reform demands a shift in how society views mental health and substance use, a clear example can be seen in the case of      MUSA V. COP LAGOS STATE & ORS[22]

In 2010, Idris Musa was arrested for the alleged murder of Ali Kolo. He was remanded in Kirikiri Prison, Lagos, where he spent 14 years without trial. During this period, Musa developed a mental disorder. Despite a 2018 court order directing the Lagos State Attorney-General to expedite his prosecution, no action was taken. In 2024, the Court of Appeal, Lagos Division, ordered Musa’s unconditional release, acknowledging that his prolonged detention without trial had led to his mental illness.

In conclusion, the Court ordered that the Appellant be released unconditionally to any member of his family to enable them take care of him adequately. It wasn’t stated that he was sent to any mental facility for help or treatment by the justice system that caused/ aggravated the said mental disorder.

 Criminal justice policies must move toward a public health model. This includes:

1. Expanding access to mental health and addiction treatment both in and outside the justice system.
2. Investing in community-based alternatives to incarceration, such as crisis intervention teams and behavioral health courts.
3. Providing reentry support, including housing, employment assistance, and continued treatment.
4. Training law enforcement to recognize and appropriately respond to mental health crises.

Again, Cultural beliefs play a significant role in the treatment of mental health issues in Nigeria. Many Nigerians associate mental illness with supernatural causes, leading families to seek help from religious or traditional healers instead of medical professionals. This stigma often prevents individuals from accessing appropriate care and contributes to the neglect of mental health issues .

•  Plea of Insanity as a Defence

            The Nigerian insanity defence is composed of two parts (Laws of the Federation of Nigeria, 2004). The first limb serves as an exoneration by recognising that mental illness or a natural mental infirmity can impair one’s ability to understand, control, or recognise the wrongness of behaviour. A second limb is non-exculpatory in that it holds the defendant accountable for the extent to which particular delusions cause him or her to act legally or illegally.[23]

Insanity as a defence against criminal conduct has been known since antiquity. Going through significant reformulations across centuries, different jurisdictions across the globe, including Nigeria, have come to adopt various strains of the insanity defence, with the presence of mental disorder being the causative mechanism of the crime as their central theme. A critical ingredient in the Nigerian insanity plea is the presence of ‘mental disease’ or ‘natural mental infirmity’ as the basis for the lack of capacity in certain cognitive and behavioural domains resulting in the offence.

            Furthermore, the Supreme Court of Nigeria has maintained a view that insanity is to be determined in the legal sense and is an issue of fact that should be decided by the courts rather than physicians in the practical formulation of insanity in Nigerian courts [24]. It is also to be viewed as dependant on the defendant’s prior and present actions, and its burden of proof is one based on the preponderance of the evidence or the balance of probabilities . In Daniel Madjemu v The State[25] ,  the Nigerian Supreme Court addressed the insanity plea in a murder case. The court held that the defense of insanity requires sufficient evidence demonstrating a mental disease or significant mental impairment at the time of the crime. The court also emphasized that a mere claim of insanity is not sufficient and must be supported by evidence, such as medical evidence, past history, and the accused’s conduct before and during the trial and on that the Supreme Court also emphasised the following “criteria” as important to the assessment of insanity under the law:

• Evidence as to the past history of the accused.
• Evidence as to the conduct of the accused immediately preceding the killing of the deceased.
• Evidence of prison officials who had custody of the accused before and during his trial.
• Evidence of medical officers who examined the accused.
• Evidence of relatives about the general behaviour of the accused and the reputation he enjoyed for sanity or insanity in the neighbourhood.
• Evidence showing the insanity runs in the family of the accused.
• Other facts which will help to discharge the burden of proof.

A crucial evidentiary formulation was added by the Supreme court in GUOBADIA V STATE[26] when it held that: “evidence of insanity tendered by an accused person himself is suspect and is not usually taken seriously.”

The Nigerian Criminal Code Act addresses the complexities of criminal responsibility, particularly concerning mental health. Section 28 of the Nigerian Criminal Code Act provides that:

“a person is not criminally responsible for an act or omission if at the time of doing the act or making the omission he is in such a state of mental disease or natural mental infirmity as to deprive him of the capacity to understand what he is doing, or of capacity to control his actions, or of capacity to know that he ought not to do the act or make the omission. A person whose mind, at the time of his doing or omitting to do an act, is affected by delusions on some specific matter or matters, but who is not otherwise entitled to the benefit of the foregoing provisions of this section, is criminally responsible for the act or omission to the same extent as if the real state of things had been such as the delusion induced him to believe to exist.”

Also Section 51 of the Penal Code reads thus:

“Nothing is an offense that is done by a person who at the time of doing it, because of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.”

4.2       Challenges in Addressing Mental Health and Substance Abuse in Prisons

Several systemic issues hinder effective treatment of mental health and substance use disorders in Nigerian prisons:

1. Under-staffing and Lack of Expertise: The Nigeria Prison Service has a severe shortage of mental health professionals. Currently, there is only one psychiatrist in the service, with another in training, and a limited number of clinical psychologists and psychiatric nurses.
2. Inadequate Funding: Prisons often lack sufficient funding for mental health services, leading to shortages in medication and inadequate facilities for treatment. This financial constraint results in prisoners with severe mental illnesses being denied proper care.
3. Abuse and Neglect: Mentally ill inmates frequently face abuse, including chaining to beds and prolonged isolation. Such practices not only violate their rights but also exacerbate their conditions.
4. Corruption and Drug Trafficking: Reports have surfaced of prison officials collaborating with inmates to smuggle drugs into facilities, undermining rehabilitation efforts and perpetuating substance abuse within the prison system.
5. Legal Framework and Challenges: Under Nigerian law, the defence of insanity can absolve an individual from criminal responsibility, the Administration of Criminal Justice Act (ACJA)[27]allows courts to order the safe custody of individuals found to be of unsound mind. However, the implementation of this provision is often hindered by inadequate mental health facilities and resources. The Nigerian Prison Service has a severe shortage of mental health professionals, with only one psychiatrist currently serving in the system.
6.  Human Rights Violations and Abuse: Individuals with mental health conditions in Nigeria often face human rights violations, including unlawful detention and abuse. Reports indicate that many are chained and subjected to inhumane conditions in various facilities, including state hospitals and rehabilitation centers. These practices are contrary to international human rights standards and the Nigerian Constitution, which guarantees the right to dignity and freedom from discrimination.

5.0       Recommendations for Reform

To address these issues, several reforms are necessary:

1. Establishment of Specialized Facilities: Develop mental health institutions within the prison system to provide appropriate care for inmates with mental health disorders.
2. Training and Capacity Building: Enhance the training of prison staff and law enforcement officers to recognize and manage mental health issues effectively.
3. Legal Reforms: Amend existing laws to ensure that individuals with mental health disorders are diverted from the criminal justice system to appropriate treatment facilities.
4. Public Awareness Campaigns: Educate the public on mental health issues to reduce stigma and encourage individuals to seek help.
5. Integration of Mental Health Services: Incorporate mental more health care into the primary health care system and provide training for prison staff to recognize and manage mental health issues effectively.
6. Increase Funding: Allocate adequate resources to prison health services to ensure the availability of medications and the establishment of proper treatment facilities.
7. Implement Diversion Programs: Establish programs that divert individuals with mental health and substance use disorders from the criminal justice system to appropriate treatment centers.
8.  Strengthen Oversight and Accountability: Ensure strict monitoring of prison conditions and practices to prevent abuse and neglect of mentally ill inmates.

6.0       Conclusion

The cycle of incarceration for those with mental illness and substance use disorders is not inevitable, it is a consequence of systemic neglect. Ending this cycle requires a societal commitment to compassion, evidence-based treatment, and the belief that rehabilitation is not only possible but necessary. Only by treating mental health and substance abuse as the medical issues they are can we hope to dismantle the carceral trap and build pathways to true recovery and reintegration.

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[1] World Health Organization 2021. Promoting rights-based policy & law for mental health. Retrieved Mar. 22, 2023, from https://www.who.int/activities/promoting-rights-based-policy-and-law-for-mental-health

[2] Ref; World Health Organization (WHO) 2022 mental disorderhttps://www.who.int/news-room/fact-sheets/detail/mental-disorders

[3] Ref: MentalHealth.comhttps://www.mentalhealth.com/answers/mental-illness-vs-insanity

[4] (2018) 12 NWLR (Pt. 1634) 558 pg 574 D – E

[5] (2003) 15 NWLR (Pt. 842) 25 pg 82 E-H

[6] World Health Organization 2021. Promoting rights-based policy & law for mental health. Retrieved Mar. 22, 2023, from https://www.who.int/activities/promoting-rights-based-policy-and-law-for-mental-health

[7] World Health Organization 2021. Promoting rights-based policy & law for mental health. Retrieved Mar. 22, 2023, from https://www.who.int/activities/promoting-rights-based-policy-and-law-for-mental-health

[8] Saxena S, Sharan P. 2008. Mental Health Resources and Services. Retrieved Mar. 29, 2023, from https://www.sciencedirect.com/referencework/9780123739605/international-encyclopedia-of-public-health

[9] Ryan, G.K., Nwefoh, E., Aguocha, C. et al. 2020. Partnership for the implementation of mental health policy in Nigeria: a case study of the Comprehensive Community Mental Health Programme in Benue State. Int Journal of Mental Health System, Retrieved Nov. 9, 2022, from https://doi.org/10.1186/s13033-020-00344-z

[10] Olugbile F, 2023. At last, a modern Mental Health Law for Nigeria, Retrieved Feb. 1, 2023, from https://businessday.ng/columnist/article/at-last-a-modern-mental-health-law-for-nigeria/

[11] World Health Organization, Mental health policy, plans and programmes (Mental health policy and service package) (World Health Organization, 2005) p. 12.

[12] StatisticsTimes.com. 2019. Collection of statistics and charts. Retrieved Feb. 1, 2023, from https://bit.ly/3bHJcqV

[13] World Health Organization, 2005. WHO Resource Book on Mental Health, Human Rights and Legislation. pp. 3-5.

[14] WHO 2016, Mental Health Atlas 2005. WHO. Retrieved Nov. 9, 2022, from https://bit.ly/39zkSFX

[15] Section 57, National Mental Health Act, 2021

[16] Section 2, National Mental Health Act, 2021

[17] Section 8, National Mental Health Act, 2021

[18] Section 9, National Mental Health Act, 2021

[19] African Journal of Drug & Alcohol Studies, 19(1), 2020 Copyright © 2020, CRISA Publications PATTERN AND CORRELATES OF PSYCHOACTIVE SUBSTANCE USE AMONG NEW PRISON INMATES IN NIGERIA

[20] Prevalence and correlates of mental health problems among awaiting trial inmates in a Prison facility in Ibadan, Nigeria

December 2015

African Journal of Medicine and Medical Sciences 43(Suppl 1):193-199

[21] Personally Speaking: The criminalization of mental illness

TAC/08 July 2022

Personally Speaking: The criminalization of mental illness

[22] (2024) LPELR-61941 (CA)

[23] National library of Medicine.

 Plausible subjective experience versus fallible corroborative evidence: The formulation of insanity in Nigerian criminal courts

[24] Ogunwale A, Ogunlesi AO, Majekodunmi O. Psychiatric, psychological and “witchcraft” Defences to murder in the Nigerian legal context. Nigerian J Psychiatry. (2011) 9:17–24. [Google Scholar]

[25] (2001) 9 NWLR (Pt. 718) 349

[26] (2004) LLJR-SC

[27] . section 285 of the Administration of criminal justice system