THE RELEVANCE OF NEUROLOGICAL ABNORMALITIES IN THE DETERMINATION OF CRIMINAL RESPONSIBILITY IN NIGERIA

Abstract

The central nervous system which consists of the brain and the spinal cord is an organic component of the body. Being organic in nature is susceptible to illness and therefore bound to malfunction in certain circumstances. Neural infirmity could lead the subject to behave in a manner he does not expect. Hence, the aim of this paper is to examine the effect of neurological abnormalities on people’s behaviour, with the view of ascertaining whether neural disorder could lead to criminal acts or omissions. If it does, it means that criminal acts and omissions are not intended, but are independent of the person’s will. This signifies the absence of mens rea, and without it conviction cannot be sustained. It therefore implies that neurologically prodded offences may be examined with the provisions of Section 24 of the Criminal Code, enshrining that a person is not criminally liable for an act or omission that is independent of his will. The above background laid the foundation of this academic investigation which is relevant to criminal jurisprudence. The paper employs doctrinal method of academic investigation to outcrop its aim.