By Funmilayo Olagunju
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Generally, the law presumes that every person, unless the contrary is proved, is sane and accountable for his actions. However, circumstances may arise when that presumption of sanity may be negatived or rebutted. One of such circumstances may arise where the actor or assailant is found to be afflicted by insanity or insane delusion. See OSENI v. STATE (2017) LPELR -42770(CA).
In the case of NWODE v. STATE
(2017) LPELR-42799(CA), Insanity is defined as any mental disorder severe enough that it prevents a person from having legal capacity and excuses the person from criminal or civil responsibility. Insanity is a blanket term embracing a considerable variety of mental abnormalities, mental infirmities, neurosis, and psychosis.
Whether the accused person was sane in the legal sense at the time when the act was committed is a question of fact to be decided by the trial Judge.
In respect to statutory marriage, the Court generally protect the sanctity of marriage. Divorce is rarely granted in respect of statutory marriage that is yet to reach two Years. Insanity and mental incapacity is one of the exceptions to the two- Years rule.
Generally, Insanity vitiates the contractual capacity of the affected person. Having a transaction or interaction with an insane person is quite a huge risk as they’re not legally liable for their action or inaction.
Like a madman who throws firebrands, arrows, and death, is the man who deceives his neighbor, And says, “I was only joking!”
Proverbs 26:18-19.
