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Abstract
The issue of mental capacity as a determinant for legal responsibility and validity has given rise to various judicial precedents and scholarly discourse within the Nigerian Legal system. Recurrently, the courts have been tasked with determining cases where the mental health of an individual is central to the case. This occurs whether in respect of assessing criminal or tortious liability or enforcing contracts. In criminal matters the argument espoused is the incapacity of an individual to form the intention necessary for the offence committed. Whereas, in contract law a person may seek to invalidate an agreement by claiming that at the time of the formation of the contract, they lacked the requisite mental capacity to understand and consider the consequences of the contractual agreement. Therefore, this study majorly examines : what legal effect mental capacity has with regards to criminal responsibility and contractual reliability respectively? What is the legislative framework in place for mental health care in Nigeria ? And lastly how effective are these legislative frameworks in relation to global mental health care standards? The rationale for modern interpretation is based on the constitutional rights of fair hearing, protection of human dignity and freedom from discrimination as provided by section 36, 34 and 42 respectively of the Constitution of the Federal Republic of Nigeria as (amended). In addition, the provision of section 17(3) of the Constitution of the Federal Republic of Nigeria (as amended), which vests the state with the duty of providing proper health care and health care facilities for individuals in Nigeria. The finding in this study shows that although laws have been enacted to cater for treatment and care of persons with mental disorders and incapacity in Nigeria, such laws do not fully cater for their rights and to a large extent does not align with modern international standards for mental health care.
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