NATIONAL MENTAL HEALTH ACT, 2021

Section 48: Removal to hospital of an inmate.

2021Section 48 of 58Federal Republic of Nigeria

(1) Where in the case of a person serving a sentence of imprisonment, the Minister or Governor, as the case may be is satisfied by the report of a medical practitioner who has special experience in the diagnosis and treatment of mental health conditions that the-
(a) person is suffering from a mental health condition, severe mental impairment or dissocial disorder; and
(b) mental health condition is of a nature or degree which warrants the detention of the patient in a hospital for medical treatment, the Minister or Governor may, if he is of the opinion having regard to the public interest and all the circumstances that it is expedient to do so, direct by warrant, that the person be so removed and detained in such hospital as may be specified in the directive.
(2) The transfer directive in the context of subsection (1) shall have the like force as a hospital order made in accordance with the provisions of section 48 of this Act.
(3) The foregoing provisions of this section shall apply for the purpose of the transfer of any person in custody pending trial as they apply for the purpose of any person serving a sentence of imprisonment.
(4) For the purposes of this section-
(a) the Minister shall exercise the power to give a transfer directive in the case of a person convicted of an offence committed under any enactment made by the Government of the Federation; and
(b) the Governor shall exercise the power to issue a directive in respect of a person convicted for an offence committed under an enactment made by the Government of a state.

Cite this section

Section 48, NATIONAL MENTAL HEALTH ACT, 2021 (2021).

https://repo.podus.ai/laws/national-mental-health-act-2021/section/48/