|
Abstract
|
A review of the Nigerian criminal code ordinance was conducted.
FINDINGS indicate that Section 28 of the criminal code, dealing with the criminal responsibility of the mentally disordered offender, requires modification as it suggests criminal liability for offenses committed as a result of delusions. Section 217 which criminalizes homosexual conduct needs modification to reflect current views on homosexuality. Section 327 should be deleted as it criminalizes/prescribes punishment for attempted suicide. The concept of diminished responsibility should be introduced into Nigerian law, to facilitate the appropriate disposition of offenders who otherwise cannot be dealt with satisfactorily by Section 28 of the criminal code. The practice of forensic psychiatry in Nigeria is handicapped by limited manpower, and by the lack of information on its role in the criminal justice system. Delays by criminal justice officials in presenting offenders for assessment and profiling, insufficient collateral information on the accused, and difficulties in communication between the psychiatrist and patient are some of the problems faced by Nigerian psychiatrists involved in the criminal justice system. Lack of a close working relationship between officials of the criminal justice system and the mental health services has resulted in delays in reviewing for community placement, offenders detained in prisons or hospitals, even when they no longer constitute a risk to public safety. The provision of services for the long-term care of the mentally disordered offender in conditions of appropriate security, or in the community, is hampered by cultural, economic, and geographical factors. Concerted efforts should be made by the states and federal governments of Nigeria to establish services for the appropriate care of the psychiatrically ill offender in correctional institutions, and in the community.
Language: en |