Section 281: Release of defendant of unsound mind pending investigation or trial

(1) Where a defendant is found to be of unsound mind and incapable of making his defence, ifthe offence charged is bailable by the court, it may in its discretion, release him on sufficient security being given:
(a) that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person; and
(b) for his appearance when required before the court or such officer as the court appoints in that behalf.
(2) Where a defendant is before a Magistrate charged with an offence which is bailable by a Judge but not by a Magistrate or where the offence is bailable by a Magistrate but the Magistrate refused to grant bail, the Magistrate shall inform the defendant of his right to apply to a Judge for bail.
(3) Where the offence charged is not bailable by the High Court or where a Judge has refused bail under subsection (1) of this section or after an application made under subsection (2) of this section or where sufficient security is not given or where no application is made for bail, the Judge shall report the case to the Attorney-General of the Federation, who after consideration of the report may, in his discretion, order the defendant to be confined in a lunatic asylum or other suitable place of safe custody and the Judge shall give effect to the order.
(4) Where the order is not given within two months, the court may discharge the defendant or release him on bail on satisfaction that doing so will not endanger the life of the defendant or the life of anyone else.
(5) Pending the order of the Attorney-General of the Federation, the defendant, may be committed to an asylum or other suitable place of custody for safe custody.