Pleading Intoxication as a Defence under the Nigerian Legal System

Abstract

The state of mind of the accused is always difficult to ascertain as it is said that even the devil knoweth not the intention of a man, therefore, it’s pertinent to always look at the state of mind of an accused while he was committing the crime for which he is being charged. Thus, whenever an offence is committed, it becomes the duty of the court to discover not only how was the crime committed, but under what frame and state of mind was the accused was when committing the crime. Therefore, the tendency might have brought about impairing perception, judgment and muscular co-ordination as a result of drunkenness and drugs, among others. This affects the capacity and, therefore, the liability of an accused person.