High Court judge Jessie Lesiit has recommended that women with post-partum psychosis should be protected within the law.
Post-partum psychosis is a rare psychiatric emergency in which symptoms of high mood and racing thoughts (mania), depression, severe confusion, loss of inhibition, paranoia, hallucinations and delusions set in, beginning suddenly in the first two weeks after childbirth.
She argues that the law discriminates against post-partum victims “since they face the same treatment as others not suffering from this kind of illness when they are accused of murder”.
“I do find that it is appropriate to recommend that the law touching on this gender-specific and unique condition be re-examined with a view to making provision for the appropriate handling of such persons,” Justice Lesiit stated.
She added that it was time the country build a centre where people with mental illness facing court cases get treatment.
The law states that when a woman willingly kills her child who is a year or less old, when she is mentally disturbed due to giving birth, she should be punished for manslaughter.
The law adds that where a person commits an offence and is found to have been insane, he or she is found to be guilty but insane.
However, it does not indicate how a post-partum victim should be handled if she kills another person’s child.
In a case facing a woman who killed her child and two others belonging to a neighbour, nine days after giving birth, Justice Lesiit stated that the law did not stipulate how such a person should be handled.
The judge pointed out that for a defence of insanity to stand, one must prove that an individual suffers from a defect of reason, a disease of the mind and that he or she did not know the nature or quality of the act was wrong.
“The court has no power to order hospitalisation, leave alone sending one to a mental hospital. The power is left to the Minister of Interior. The President is to determine what happens to such a person.
“Because these two offices come into the picture much later, so much harm or delay is caused,” she ruled.
According to Justice Lesiit, the Nigerian law recognises that a woman with post-partum psychosis is sick and makes it mandatory for the court to make an ordered treatment.
