CHAPTER L18
LUNACY LAW
ARRANGEMENT OF SECTIONS
Asylums, Officers and Visitors
SECTION
(2) Powers of visitors.
(2) Meetings of committee.
(3) Power of committee to administer oaths.
(4) Reports of committee.
(5) Application.
Adjudication of Persons as Lunatics
(2) Discharge of suspected persons.
(3) Expenses incurred with regard to suspected persons.
Discharge of Lunatic
Property of Lunatic
Miscellaneous
SECTION
Offences
Regulations and Forms
SCHEDULE
Forms
CHAPTER L18
LUNACY LAW
A Law to provide for the Custody and Removal of Lunatics
(21st December, 1916)
[Commencement]
Asylums. Officers and Visitors
(1) (a) The Commissioner may, by Gazette notice, 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 Commission may in like manner declare that any place shall cease to be a lunatic asylum.
(1) Except with the consent of the Commissioner first obtained, a local government shall not establish or maintain any place for the confinement of lunatics.
(2) The Commissioner may direct any local government 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 with the approval, or on the direction, of the Commissioner shall, unless and until ordered by the Commissioner to be closed, be an asylum for the purposes of this Law.
Such medical officer as the Commissioner 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.
The Commissioner 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, the warders, matrons and subordinate officers shall be appointed by such Local Government.
(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 Commissioner may nominate during pleasure shall be visitors of any asylum.
Powers of visitors
(2) Any visitor may enter and inspect an asylum at any hour of the day or night, and see and examine any inmate, and may examine into and give directions concerning any complaint.
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.
(1) The Commissioner shall appoint three or more of the visitors to be a visiting committee for each asylum.
Meetings of committee
(2) 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 complaints which shall be referred by or against any officer, servant or inmate. Power of committee to administer oaths
(3) 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.
Reports of committee
(4) After each inspection, the Committee shall make a report to the Commissioner, and shall draw up and transmit to the Commissioner such other reports or returns as they shall from time to time deem necessary, or which the Commissioner may call for in respect of any matter relating to the asylum.
Application
(5) This section shall not apply to an asylum established by a local government.
Adjudication of Persons as Lunatics
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 any 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: Provided that no person shall be detained in any asylum under any such certificate for a longer period than seven days except with the authority of a magistrate.
[Form A.]
(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.]
(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.]
(4) The provisions of Chapter 12 of the Criminal Procedure Law shall apply to the service and execution outside the State of summonses and warrants issued under this Law as they apply to summonses and warrants issued under that Law.
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.]
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 a medical practitioner has signed a certificate as required in the last preceding section, the magistrate may adjudge such suspected person to be a lunatic and proper subject for confinement, and shall thereupon issue an order in terms of Form E in the Schedule.
[Form E.]
(1) Where there is no qualified medical practitioner within the district the magistrate shall proceed as required by section 9 and if it appears to him that the suspected person is a lunatic and 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 notices of his inquiry, to a magistrate of a district where there is a qualified medical practitioner. The later magistrate shall examine the suspected person and consider the notes of the inquiry, and shall also follow the procedure laid down in section 9,10 and 11, and issue an order as in the Form G in the Schedule.
[Form F. Form G.]
Discharge of suspected persons
(2) If the suspected person is not adjudged a lunatic then he shall be sent back or allowed to return to the district from which he came.
Expenses incurred with regard to suspected persons
(3) 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 consolidated revenue of the State.
(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 warrants prescribed by the Criminal Procedure Law for use in criminal cases may be used mutatis mutandis in inquiries under this Law.
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 four naira, twenty kobo.
Discharge of Lunatic
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 the 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. Form I.]
Provided that no such order of discharge shall be made in respect of any person detained in an 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.
(1) The Commissioner 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 of any sum not exceeding the sum of four 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.]
(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.
Property of Lunatic
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.
(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 native of Nigeria, 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.
(1) When the lunatic is a native of Nigeria, any community bound by customary law 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 therefor: 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 a 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.
Miscellaneous
Any person may arrest any lunatic who is escaping or who has escaped from lawful custody, and may return such lunatic into such custody.
(1) In the case of illness of any 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 Government 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 safeguarding of the lunatic whilst in the hospital.
(3) Any lunatic removed under this section to a Government hospital and escaping there from shall be liable to arrest in the same manner as if he had escaped from an asylum.
Any lunatic confined in an asylum may by order of the Commissioner be removed from any one asylum to any other asylum.
Notice of 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.
Offences
Any officer or servant employed in an asylum who strikes or ill-treats or willfully neglects any lunatic confined in such asylum, or willfully 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 four naira, which may be recovered by deductions from the offender’s salary and allowances or, on conviction before a magistrate, to a fine of twenty naira or imprisonment for one month, or both.
Any person who accepts the charge of a 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 or the asylum in which such lunatic was confined; or
(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 a fine of forty naira or imprisonment for three months.
Regulations and Forms
The Commissioner 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 lunatics;
(d) altering or adding to the forms in the Schedule;
(e) generally for the better carrying out of the provisions of this Law.
In this Law—
“asylum” means a lunatic asylum appointed or established under this Law;
“community” includes house, family, town, village and quarter of a town or village;
“Commissioner” means the State Commissioner charged with the responsibility for health;
“lunatic” includes an idiot and any other person of unsound mind;
“visiting committee” includes any two members of the visiting committee of an asylum sitting together.
This Law may be cited as the Lunacy Law.
SCHEDULE
FORM A
Certificate of Emergency
[Section 10]
I certify that it is expedient for the welfare of ………………………………………. that he should be forthwith placed under observation and treatment for period not exceeding …………………………… days.
My reasons for this conclusion are as follows
…………………………………………………………………………………………………………………………………………………………………………………………………………….
………………………………………. Signature
FORM B
Information
[Section 11.]
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
Warrant of Arrest of Suspected Person
[Section 11.]
In the …………………………………… court of …………………………………… District
of ………………………………………… to ………………………………………. and other officers of this court, and to ………………………………………………….. Superintendent of Prison.
WHEREAS an information has been sworn by A.B. 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 Governor’s name 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…………………………. this ……….. day of ………………………., 20 ………….
…………………………………………………. Signature of Magistrate
FORM D
Medical Certificate
[Section 12]
I, A.B, a duly qualified medical practitioner hereby certify that I, on the ……………… day of ……………………………………….. at a …………………………. 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:
STATEMENT
(If any particulars in this state are not known, this to be state)
Name of patient and Christian name in full
Sex and age
Married, single or widowed
Condition of life and previous occupation, if any
The 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.
(Add any other facts proper to be stated).
DATED this ……………… day of ………………………………… , 20 …………
Signed A.B. ……………………………………………..
(Place of abode) ………………………………………..
FORM E
[Section 13]
Adjudication of Lunacy and Order of Committal to Asylum
In the …………………….. court of …………………… District of ……………………….. Whereas on the …………. day of …………………. 20 ….. A.B. of ……………………. informed me, the undersigned 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 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 of the Lunacy Law.
DATED this ……….. day of ………………………., 20 …………
E.F …………………………………….. Signature and Title of Magistrate
FORM F
[Section 14.]
Warrant of Removal of Suspected Lunatic where no Medical Practitioner in District
District of ………………………………………. To …………………………………………… Whereas on the …… day of ……………., 20 ….. A.B. of ……………………………….. informed me, the undersigned E.F., magistrate of the 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 C.D. is a lunatic and a proper subject for confinement: and whereas there is no medical practitioner within this district: You are hereby ordered to take the said C.D. and deliver him up to the …………………………………… …………………………………….. of the district of …………………………………………
……………………………………………… Signature and Title of Magistrate
FORM G
[Section 14]
In the …………………………………. court of …………………………………….. District
of ……………………………………….Whereas on the ………….day of …………………, 20 ………….. A.B. of ……………………………………. informed E.F., 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 notices 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, I, 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………….
FORM H
[Section 17.]
Order of Discharge of Lunatic
I, A.B., 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
[Section 17.]
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 there from.
…………………………………….. 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
[Section 18.]
Undertaking as to Lunatic on Trial
I, A.B., 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 A.B. at the rate of …………………………….. a month while the said C.D. shall remain in charge of the said A.B. under this agreement).
DATED at ……………………… this ……………. day of ……………….., 20 ……………
Witness. A.B.
Approved E.F.
Governor
(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 A.B., with the sanction of the Commissioner, that the within-mentioned period of …….. ………………………………… be extended till the ………………. day of …………………………………., 20 …………….
A.B
Approved E.F
Governor
CHAPTER L18
LUNACY LAW
SUBSIDIARY LEGISLATION
List of Subsidiary Legislation
APPOINTMENT OF LUNATIC ASYLUMS
Made under section 3
The following places have been appointed as lunatic asylums:
Buildings Notices
Calabar Asylum ………………………………………… 6th September, 1907
Calabar Prison: Block ‘B’ ……………………………… 150 of 25th July, 1929
Calabar Prison: Female Ward ………………………… 155 of 20th August, 1931
LUNACY REGULATIONS
[Regulations 4 of 1917]
Regulations for the Superintendent of a Lunatic Asylum
Regulations for the Attendants and Servants of the Lunatic Asylum
Fees