Section 278: Procedure when defendant is suspected to be of unsound mind

(1) Where in the course of a criminal trial, the court has reason to suspect the mental capacity or soundness of mind of a defendant, by virtue of which he is unable to stand trial or defend himself, the court shall order the medical examination of the defendant's mental state or soundness of mind.
(2) An investigation under subsection (1) of this section may be held in the absence of the defendant where the court is satisfied that owing to the state of the defendant's mind it would be in the interests of the defendant or of other persons or in the interests of public decency that he should be absent.
(3) Where the court is not satisfied that the defendant is capable of making his defence, the court shall adjourn the trial or proceeding and shall remand the person for a period not exceeding 1 month to be detained for observation in some suitable place.
(4) A defendant detained in accordance with subsection (3) of this section shall be kept under observation by a medical officer during the period of his remand and, before the expiration of that period, the medical officer shall:
(a) give to the court his opinion in writing as to the state of mind of that person; and
(b) where he is unable within the period to form any definite opinion, he shall so certify to the court and ask for a further remand and such further remand may extend to a period of 3 months.
(5) Where further period of remand is granted under subsection (4) of this section, the case shall be fixed returnable by the court at the expiration of the period granted under subsection 4 (b) of this section.
(6) A court, before which a defendant suspected to be of unsound mind is accused of any offence may, on the application of the Attorney-General of the Federation or a law officer made at any stage of the proceedings prior to the trial, order that the person be sent to an asylum or such other suitable place for observation.
(7) The medical officer in charge of the asylum or such other suitable place shall, within a period not exceeding one month in the first instance or on application to the court for a further period of three months, submit to the court a report in writing containing his opinion on the soundness of mind of the defendant.