Lunacy Law

1. Citation. This Law may be cited as the Lunacy Law.

2. Interpretation. In this Law- “asylum” means a lunatic asylum appointed or established under this Law; “community” includes a house, family, town, village and quarter of a town or village; “lunatic” includes an idiot and any other person of unsound mind; “State” means Delta State of Nigeria; “visiting committee” includes any two members of the visiting committee of an asylum sitting together;

3. Power to appoint an asylum. (1) (a) The Governor may, by notice in the State Gazette, appoint the whole or part of. any building with any outhouses, grounds or premises thereto belonging to be a lunatic asylum. (b) All places declared to be lunatic asylums before the commencement of this Law shall be deemed to have been appointed under this Law. (2) The Governor may, in like manner, declare that any place shall cease to be lunatic asylum.

4. Establishment of asylums by local government council. (1) Except with the consent of the Governor first obtained, a local government council shall not establish or maintain any place for the confinement of lunatics. (2) The Governor may direct any local government council to establish and maintain one or more lunatic asylums for the confinement of lunatics subject to his jurisdiction. (3) A lunatic asylum established by a local government council with the approval, or on, the direction, of the Governor shall, unless and until ordered by the Governor to be closed, be an asylum for the purpose of this Law.

5. Superintendent of asylum. Such medical officer as the Governor may appoint, and in the absence of any such appointment, the medical officer in charge of the district in which any asylum is situate shall be in charge of and shall generally superintend the management of such asylum, and shall be termed the Superintendent of such asylum.

6. Power to appoint officers. The Governor may appoint to any asylum a Chief Warder, a Matron and also such subordinate officers and servants as may be necessary: Provided that in the case of asylums established by a local government council, the warders, matrons and subordinate officers shall be appointed by such council.

7. Visitors of asylums. (1) The members of the Executive Council, all registered medical practitioners in the service of the Government whether, in the medical or health branch of the service, and magistrates and such other persons as the Governor may nominate during pleasure shall be visitors of any asylum. (2) Powers of visitors- Any visitor may enter, and inspect an asylum at any hour of the day or night’, see and examine any inmate, and may examine into land give directions concerning any complaint.

8. Visitors’ book to be kept. A book shall be kept in every asylum called the visitors’ book, in which every visitor who visits the asylum shall enter his name, with the date and hour of. his visit, and any remarks he may deem necessary respecting any matter connected with the management of the asylum.

9. Visiting committee. (1) The Governor shall appoint three or more of the visitors to be a visiting committee for each asylum. (2) Meetings of committee- The committee shall meet once a year or oftener if necessary at such asylum, and shall inspect the wards, cells, stores and every other place, and shall receive and inquire into any complaint which shall be preferred by or against any officer, servant or inmate. (3) Power of committee to administer oath- The committee may in any inquiry administer an oath to the Superintendent of the asylum or to any officer or servant employed in the asylum. (4) Reports of committee- After each inspection, the committee shall make a report to the Governor, and shall draw up and transmit to the Governor such other reports or returns as they shall from time to time deem necessary, or which the Governor may call for in respect of any matter relating to the asylum. (5) Application- This section shall not apply to an asylum established by a local government council.

10. Temporary detention of a suspected lunatic on a medical officer’s certificate. Whenever a medical officer has cause to suspect that any person is a lunatic and considers it expedient that such person should be placed forthwith under observation in an asylum, he may grant a certificate of emergency as in Form A in the Schedule, and shall cause such person to be taken to an asylum, and it shall be lawful for any person acting on the instruction of the medical officer to take such person to the asylum specified, and for the Superintendent of the asylum to receive and detain such person in the asylum: [Form A, Schedule.] Provided that no person shall be detained in an asylum under any such certificate for a longer period than seven days except with the authority of a magistrate.

11. Magistrate may hold inquiry. (1) Any magistrate, upon information on oath in the terms of Form B in the Schedule, may examine the suspected person therein referred to and hold an inquiry as to his state of mind. [Form B, Schedule.] (2) For the purposes of such inquiry the magistrate shall have the same powers of summoning witnesses and administering oaths as in summary trial. (3) The magistrate may, if necessary, issue a warrant for the arrest of the suspected person in terms of Form C in the Schedule. [Form C, Schedule.] (4) The provisions of chapter 12 of the Criminal Procedure Law shall apply to the service and execution outside the State of the summonses and warrants' issued under this Law as they apply to summonses and warrants issued under that Law. [Cap. C22.]

12. Medical certificate. The magistrate shall also appoint a qualified medical practitioner to examine the suspected person, and such practitioner shall examine such person, and if he thinks the facts warrant him in so doing, sign a certificate in terms similar to Form D in the Schedule. [Form D, Schedule.]

13. Adjudication of Lunacy. Where, upon any such examination and inquiry as aforesaid, it appears to the magistrate that the suspected person is a lunatic and a proper subject for-confinement, and where medical» practitioner has signed a certificate as required in the last preceding section, the magistrate may adjudge such suspected person to be a Iunatic and proper subject for confinement, and shall thereupon issue an, order in terms of Form E in the Schedule, [Form E, Schedule.]

14. Procedure where no medical officer in district. (1) Where there is no qualified medical practitioner within the district, the magistrate shall proceed as "required by section 11 and if it appears to him that the suspected person is a lunatic and a proper subject for confinement, he may send such person in custody, under a warrant in terms of form F in the Schedule together with a certified copy of the notes of his inquiry to the magistrate of a district where there is a qualified medical practitioner. The latter magistrate shall examine the suspected person and consider the notes of the inquiry and shall also follow the procedure laid down in sections 12 and 13, and issue an order as in the Form G in the Schedule. [Form F and G, Schedule.] (2) Discharge of suspected persons- If the suspected person be not adjudged a lunatic then he shall be sent back or allowed to return to the district from which he came. (3) Expenses incurred with regard to suspected persons- All expenses which may be necessarily incurred in the sending of any suspected person from one district to another or the lodging or subsistence of any suspected person, shall be paid .out of. the revenue of the State.

15. Period for which suspected persons may be detained. (1) Any magistrate before whom a suspected person may be brought may detain such person in safe custody for the purpose of inquiring as to his state of mind for a period not exceeding one month. (2) The forms of criminal summons and warrant prescribed by the Criminal Procedure Law for use in criminal cases may be used mutatis mutandis in inquiries under this Law. [Cap. C22.]

16. Fees to medical practitioners. Every qualified medical practitioner, not being in the employ of the Government, who shall be appointed to make an examination of a suspected lunatic under the provisions of this Law shall be entitled for the examination and certificate to the sum of five hundred naira.

17. Discharge on certificate of sanity. A Magistrate shall grant an order of discharge as in Form H in the Schedule in respect of any person detained in an asylum with regard to whom a certificate of sanity as in Form I in the Schedule has been granted by the Superintendent of the asylum in which such person is detained or by any two qualified medical practitioners of whom one at least shall be a medical officer, and the Superintendent shall discharge such person in accordance with such order: [Form H and I, Schedule.] Provided that no such order of discharge shall be made in respect of any person detained in asylum under the authority of an order made under section 223 or section 230 of the Criminal Procedure Law or under the provisions of any Act or Law establishing a magistrate’s court. [Cap. C22.]

18. Power of Governor to order discharge of lunatic. (1) The Governor may order the discharge from any asylum of any person detained therein under this Law whether recovered or not, and may allow any lunatic to be absent on trial for such period as he thinks fit, and may at any time grant an extension of such period. In respect of any lunatic absent on trial, the Governor may order the payment out of the revenue sum not exceeding the sum of one thousand,naira per month to the person taking charge of such lunatic. (2) No person shall be allowed to be absent on trial under this section unless some other person enters into an agreement to take charge of such person, in terms of Form J in the Schedule. [Form J, Schedule.] (3) If any lunatic allowed to be absent on trial does not return at or before the expiration of the allowed period of absence, such lunatic may at any time after the expiration of such period be retaken as if he had escaped from the asylum.

19. Property found on lunatic liable for his support. If any property be found on any lunatic at the time of his admission into any asylum the same shall be taken in charge by the Chief Warder, who shall enter full particulars in a book to be kept by him, and such property or a sufficient portion thereof shall be liable for the medical treatment and support of such lunatic at a rate approved by the Governor and for his funeral expenses in case of death, and may be sold to defray the same. Any property or surplus money remaining shall be delivered up and paid to the patient on his discharge, or in case of his death to the party legally entitled thereto upon application.

20. Power of Court to apply property of lunatic towards the maintenance of the lunatic or his family. (1) The High Court, upon the petition of any person, may make any order as to the application of any property of a lunatic-subject to the jurisdiction of the Court, or the income thereof, in or towards defraying the expenses of the maintenance and support of the lunatic, any wife, child or children of the lunatic, and in the case of a lunatic who is not a citizen, the expenses of the removal of the lunatic, any wife, child or children of the lunatic from Nigeria, or in case any person undertakes to pay the expenses aforesaid the Court may suspend the making of such order for such time and upon such terms as the Court may determine. (2) (a) Any petition under this section shall be served upon such persons and in such manner as the Court directs. (b) Where any order under this section is made or refused, the Court shall make such order as is just as to the costs of the petitioner, and may in its discretion allow such costs out of the estate of the lunatic. (3) When payment of any money is made in or towards defraying the expenses of the past or future maintenance of any lunatic confined in an asylum, such money shall be paid into the Treasury.

21. Liability of a community to pay for maintenance of a lunatic. (1) When the lunatic is a citizen of Nigeria any community bound by native law or custom to support such lunatic shall pay into the Treasury every month during the detention of the lunatic in an asylum such sum for his maintenance as may be prescribed. (2) (a) The head of such community may be sued for any sum due by such community for the maintenance of the lunatic, and for the purposes of any proceedings in respect thereof shall be deemed to be personally liable therefore: Provided that such head of a community shall have the right to recover such amount from such members of the community as the court may direct, in satisfaction of the whole or part of any sum paid by him in respect of such maintenance. b) Any such suit against the head of- a community may be instituted by and in the name of any officer authorised by the Governor. (3) A certificate signed by the Superintendent of an asylum stating the amount of any sum due for the maintenance of the lunatic therein shall without proof of his signature or any other matter or thing be deemed prima facie evidence in all courts that the sum specified is due to the Government.

22. Removal of lunatics out of Nigeria. Where any person not a citizen of Nigeria is in the State adjudged to be a lunatic and the Governor is satisfied that the life of the lunatic may be endangered or his hindered by detaining him in Nigeria, the Governor may report the case to the federal authority charged with responsibility for immigration, and if a report is so made the federal authority so charged with responsibility may take such action under the Immigration Act, as he thinks fit. [No. 3 of 1976.]

23. Escape of lunatic. Any person may arrest any lunatic who is escaping, or who has escaped from lawful custody, and may return such lunatic into such custody.

24. Power to remove lunatic to hospital. (1) In the case of illness of a lunatic confined in an asylum the Superintendent of such asylum may cause such lunatic to be removed to a government hospital, and as soon as it shall appear to such superintendent that it is no longer necessary for such lunatic to remain in the hospital, he may be removed back to the asylum where he shall revert to his former custody. (2) The Superintendent shall, before removing a lunatic to a government hospital, notify the medical officer in charge of the hospital, and shall, if the case should so require, make arrangements for the safe guarding of the lunatic whilst in the hospital. (3) Any lunatic removed under this section to the government hospital and escaping therefrom shall be liable to arrest in the same manner as if he had escaped from an asylum.

25. Transfer of lunatic. Any lunatic confined in an asylum may by order of the Governor be removed from any one asylum to any other asylum in the State and to any asylum in another State with the agreement of the Governor of such other State.

26. Notice of death of lunatic. Notice of the death of any lunatic in an asylum shall forthwith be given by the Chief Warder of such asylum to the coroner of the district and to the nearest known relative of the deceased.

27. Offences by officers. Any officer or servant employed in an asylum who strikes or ill-treats or wilfully neglects any lunatic confined in such asylum, or wilfully violates or neglects any rule or regulation made under this Law shall be guilty of an offence and shall be liable on conviction thereof before the Superintendent to a fine of five hundred naira which may Be recovered by deductions from the offender’s salary and allowances, or, on conviction before a magistrate, to a fine of one thousand naira or imprisonment for one month, or both.

28. Offences by person in charge of lunatic on trial. Any person who accepts the charge of à lunatic allowed to be absent on trial, and who- (a) ill-treats or neglects to provide such lunatic with suitable lodging, clothing, food, medical attendance when required, or other necessaries, or fails to exercise proper care and control over such lunatic; or (b) refuses to allow such lunatic to be visited by any administrative officer or the Superintendent or any officer or servant or visitor of the asylum in which such lunatic was confined; (c) refuses, or neglects to answer according to the best of his knowledge, information .and belief any questions put to him by an administrative officer or such Superintendent or visitor or to attend and conform to any directions of a medical officer; or (d) without reasonable excuse, the proof of which shall lie upon such person, fails duly to return such lunatic to such asylum, shall be liable to p fine of two thousand naira or imprisonment for three months.

29. Power to make regulations. The Executive Council may make regulations- (a) as to the government of asylums and the custody of the lunatics therein; (b) as to the class of lunatics to be confined in different asylums; (c) as to the fees to be charged for the maintenance and support of the lunatics; (d) altering or adding to the forms in the Schedule; (e) generally for the better carrying out of the provisions of this Law. LUNACY LAW. [Cap. L15.] FORM A Certificate of Emergency I certify that it is expedient for the welfare of ...................................................... that he should be forthwith placed under observation and treatment for a period not exceeding ........ days. My reasons for this conclusion are as follows -- .................................................................................................................................................. ....................... Signature FORM B Information In the ........................................................ Court of .................................................. District of .................................................................................. A.B. of .................................................... informs the undersigned Magistrate that he has good cause to suspect and believe, and does suspect and believe, that C.D. of................................. is a lunatic and a proper subject for confinement. ................................. Signature of Informant Taken and sworn at........................... this..................... day of..................., 20................. before me, ............................................. Signature and title of Magistrate FORM C In the .......................................................Court of ............................................. District of .......................................................................................................... To.......................................... and other officers of this court, and to .................................................. Superintendent of prisons. WHEREAS an information has been sworn by AB. alleging that C.D. is a lunatic and a proper subject for confinement; AND WHEREAS the attendance of the said C.D. is necessary at an inquiry which I propose to hold as to his state of mind and it appears likely that the said C.D. will not attend unless compelled. This is to command you the said officers of court in the name of the Delta State of Nigeria to arrest the said C.D. and have him before me at ................... on the ................. day of.................. 20............. at.................... of the clock in the .................. noon. And the said Superintendent of prison is hereby authorised and required to receive the said C.D. into custody and to deliver him up from time to time as required. Issued at.................. this............ day of .................... 20............. ..................................... Signature of Magistrate FORM D Medical Certificate I, A.B., a duly qualified medical practitioner hereby certify that I, on the .............. day of .......................... at ..................................... in the District of ......... personally examined C.D. of..................... and I hereby certify that the said C.D. is a lunatic and a proper subject for confinement, and I have formed this opinion upon the following grounds, namely --

1. Facts indicating insanity observed by myself (here state the facts) ......................................

2. Other facts (if any) indicating insanity communicated by others (here state the facts and by whom communicated).....................................................,.................................................

3. I have made inquiries of all persons known to me who seem likely to be able to give information, as to any facts of the previous history of the said C.D. likely to be of service with reference to his medical treatment. The following statement contains all such facts known to me -- STATEMENT (If any particulars in this statement are not known, this to be stated.) Name of patient and Christian name in full.......................................................................... Sex and age ...,.................................................................................................................... Married, single or widowed .............................................................................................. Condition of life and previous occupation, if any....................................................................... Religious persuasion as far as known ....................................................................................... Previous place of abode........................................................................................................ Whether first attack. Age (if known) on first attack.............................................................. When and where previously under care and treatment .................................................................... Duration of existing attack. Supposed cause.................................................................................... Whether subject to epilepsy............................................................................................................ Whether suicidal ............................................................................................................................. Whether dangerous to others ........................................................................................................ Name and Christian name and place of abode of nearest known relative of the patient and degree of relationship ............................................................................................. (And any other facts proper to be stated.) Dated this............... day of....................., 20................. ....................... Signed A.B. (Place of abode) FORM E Adjudication of Lunacy and Order of Committal to Asylum In the............... Court of ................................................................. District of....................................................................................... WHEREAS on the ................... day of................... 20........................ AB. of.............................. informed me, the under signed E.F., a Magistrate of the District of.......................that he had good cause to suspect and believe that C.D. of............................. was a lunatic, a proper subject for confinement: and whereas I have held the examination and inquiry mentioned in section 11 of the Lunacy Law; AND WHEREAS, as required by the said Law, the medical certificate hereunto annexed of the unsoundness of mind of the said C.D. has been given; Now, therefore, I, the said E. F., as such Magistrate aforesaid, do hereby adjudge the said C.D. to be a lunatic and a proper subject for confinement, and do hereby order that the said C.D. be detained in the lunatic asylum at.................. subject to the provisions ofthe Lunacy Law. Dated this............... day of................... 20........................... ................................................ E.F. Signature and title of Magistrate FORM F Warrant of Removal of Suspected Lunatic where no Medical Practitioner in District District of................................................................................................................... To............................................................................................................................ WHEREAS on the ............... day of................... 20................. AB. of ...............informed me, the undersigned E.F., Magistrate ofthe District of ................ that he had good cause to suspect and believe and did suspect and believe C.D of............................................ to be a lunatic and a proper subject for confinement; AND WHEREAS it appears to me that the said CD. is a lunatic and a proper subject for confinement and whereas there is no medical practitioner within his district; You are hereby ordered to take the said C.D. and deliver him up to the............................of the District of .................................................................... Dated at .............................this .......................... day of....................... 20............. ........................................... E.F. Signature and title of Magistrate FORM G

In the .........................................Court of .................................................... District of............................................................................. WHEREAS on the ............................. day of ............................. 20.........., A.B. of ........................ informed E.F., a Magistrate of the District of.......................................................... that he had good cause to-suspect and believe that C.D. of................................... was a lunatic and a proper subject for confinement: and whereas the said E.F. duly held the examination and inquiry mentioned in section 11 of the Lunacy Law; AND WHEREAS the said E.F. has informed me the undersigned G.H., a Magistrate of the District of.............................................. that there is no medical practitioner in the said District, and has sent the said C.D. to me, together with certified copy of the notes of the said inquiry; AND WHEREAS I have examined the said C.D and perused and considered the said notes; AND WHEREAS as required by the said Law, the medical certificate hereunto annexed of the unsoundness of mind of the said C.D. has been given; Now, therefore, the said G.H., as such Magistrate aforesaid, do hereby adjudge the said C.D. to be a lunatic and a proper subject for confinement, and do hereby order that the said C.D. be detained in the lunatic asylum at.............................................................................. subject to the provisions of the Lunacy Law. Dated this........................ day of...........................,20........... .............................................. G.H. Signature and title of magistrate FORM H Order of Discharge of Lunatic I, AB., Magistrate at .................................................... (or as the case may be), do hereby order the discharge of ............................................ from the lunatic asylum at .......................................................................... To the Superintendent.................................................................. ...................................... Signature FORM I Certificate of Sanity (A) WHEN GRANTED BY THE SUPERINTENDENT I........................................................... hereby certify that ............................................. at present confined in the lunatic asylum at ............................................ has been under my care and observation for ................................ months and that I have examined him and have inquired into all necessary facts relating to his case, and I believe that he is now of sufficiently sound mind as to be a proper person to be discharged therefrom. .................................... Signature (B) WHEN GRANTED BY TWO MEDICAL PRACTITIONERS We hereby certify that we have this day personally examined ........................................... at present confined in the lunatic asylum at .................................................. and after due inquiry into all necessary facts relating to his case we believe that he is now of sufficiently sound mind as to be a proper person to be discharged there from. ............................... Signatures FORM J Undertaking as to Lunatic on Trial I, AB., hereby accept the charge of C.D. who is allowed to be absent on trial from the .................................................. lunatic asylum for the period of............................................from this date, under the provisions of the Lunacy Law. (And I, E.F., the Superintendent of the said asylum on behalf of the Government agree to pay the said AB. at the rate of........................................a month while the said C.D. shall remain in charge of the said AB. under this agreement.) Dated at............................this.........................................day of............................. .

20................... Witness................................................................... AB. Approved Governor.............................................. E.F. (When the period is extended, a memorandum to the following effect must be endorsed upon the agreement.) It is hereby agreed between E.F., of the ............................................ Lunatic Asylum, and the within-mentioned AB., with the sanction of the Governor, that the within-mentioned period of.... be extended till the ............................................ day of ....................20....................... Approved ................................................................ AB. Governor ................................................................. E.F.