Nigeria Moves to De-criminalize Suicide

The Federal Executive Council (FEC) has approved the proposal to amend the National Mental Health Act, and replace the criminal penalty for attempted suicide with proper health care. This is a key reform that the Minister of Health and Social Welfare, Muhammad Ali Pate believes would reduce suicide attempts and the overall rate of successful suicides in the country. The core of this amendment is not just to erase the sanctions but to provide foundational help for those in need. The proposal has crossed the first leg of approval, and would now be sent to the National Assembly for deliberation before the change is effected. The expectation is that this reform will mark  a turning point in the trajectory of mental health consciousness in Nigeria. This is especially necessary for a country that records over 15,000 suicides annually, from its population of around 230 million.

Nigeria’s current position towards suicide attempts hails from the colonial laws that enforced criminal penalty. Long after independence and global reforms, Nigeria upholds measures that foster stigmatisation and obscure victims’ cries for help. Under Section 327 of the Criminal Code, applicable to southern states, attempted suicide can result in a one-year jail term. Under Section 231 of the Penal Code, applicable to northern states, the sanctions vary between one year in jail, a fine or both. Still, under Section 235 of the Criminal Law, Lagos State handles suicide attempts as a minor offence deserving of hospitalisation.  The differing penalties have made the advocacy for decriminalisation more difficult, as there is no central law addressing the issue, only regional sanctions. Yet there is a central idea at play across these penalties: the idea that attempted suicide is a crime or an offense.

Minister Pate argues that people who have been rescued from attempting suicide as a result of mental illness ought to be viewed as people in need of assistance and supervision, not as criminals. When people are made to associate suicide with criminal offense, they are less likely to seek help as they may be terrified of the awaiting penalty. The current record of about 300,000 suicide attempts annually prompts one to consider how these mental health issues can be better addressed before reaching fatality. In 2023, the National Mental Health Act was enacted, invalidating the Lunacy Act from 1958. The National Mental Health Act worked to reshape the language qualifying mental health illnesses in Nigeria, pushing for inclusivity and sensitivity. The Act qualified attempted suicide as a psychiatric emergency, emphasising the need for urgent interventions in such cases. Nonetheless, this initiative did not rule out the penalty and criminalisation of the act. 

The current amendment to the Act stems from multi-stakeholder engagements among mental health advocates, the Ministry of Justice, the Attorney-General’s Office, the Ministry of Health and Social Welfare, and other key contributors. Beyond decriminalising suicide attempts, the Nigerian government must look into proper investment for mental healthcare. From local seminars to nationwide policies, the Nigerian stance on mental health illnesses must change from stigma to compassion and understanding. With better education on the issue and the implementation of policies that create opportunity for risk assessment and prevention, mental healthcare will begin to thrive in Nigeria. The idea is that mental health education and awareness programmes will encourage people to seek the help they need. Where mental health support services are put in place, these people can be steered in the right path, promoting hope. According to Professor Taiwo Lateef, the Africa Lead for Lifeline International, the law would not stop suicidal thoughts but compassion, early support and policy reform will.