Section 219 Administration of Criminal Justice Law (ACJL) Lagos

Section 219 Administration of Criminal Justice Law of Lagos State, as amended in 2021, is about Release of person of unsound mind pending trial. It provides as follows:

(1) (a) Whenever a defendant is found to be of unsound mind and incapable of making his defence, the Court, if the offence charged is bailable by the Court, may in its discretion, release him on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance when required before the Court or such officer
as the Court appoints in that behalf.

(b) If such a defendant is before a Magistrate charged with an offence which is bailable by a Judge and not by a Magistrate, or if the offence is bailable by a Magistrate but he refuses to grant bail, such Magistrate shall inform the defendant of his right to apply to a Judge for bail and report such fact to a Judge.

(2) If a Judge has refused bail under paragraph (a) of subsection (1) or after an application made under paragraph (b) of subsection (1) or if sufficient security is not given or no application is made for bail, the Judge shall report the case to the Governor who after consideration of the report may, in his discretion, order the defendant to be confined in a mental health asylum or other suitable place of safe
custody and the Judge shall give effect to such order.

(3) Pending the order of the Governor, the defendant may be committed to prison or other suitable place for safe custody.

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