Senate Moves to Decriminalise Attempted Suicide, Akpabio Wants Imprisonment

A bill to decriminalise attempted suicide in Nigeria has passed its second reading in the Senate. Senate President Godswill Akpabio insists that those who survive suicide attempts should still face imprisonment.

The bill has been sent to the Senate Committees on Health (Secondary and Tertiary) and Judiciary, Human Rights and Legal Matters for more discussion.

Asuquo Ekpenyong, the senator from Cross River South, sponsors the bill. It aims to decriminalise attempted suicide and create a legal framework for preventing suicide, treating it, and supporting those who survive such attempts.

The bill also wants to solve the clash between the current laws that punish attempted suicide and the National Mental Health Act. This act recognizes the need for medical help in mental health emergencies.

During the debate, Mr Ekpenyong pointed out that the National Mental Health Act sees attempted suicide as a psychiatric emergency needing treatment. But Section 327 of the Criminal Code and Section 231 of the Penal Code punish the act.

He stated that these laws contradict each other and need change.

The senator said the bill aims to replace punishment with proper medical evaluation, treatment, and ongoing support for those who have tried to end their lives. He warned that making attempted suicide a crime might stop people from seeking help. It could also lead families to hide such events and stop health workers from reporting cases on time.

He added that treating suicide attempts as crimes could increase the stigma around mental health issues. This would make it hard to gather accurate data for national suicide prevention programs.

Most senators who spoke during the debate supported the bill.

Dayo Faduyile, the senator for Ondo South and a doctor, said attempted suicide should be seen as a medical emergency, not a crime. He claimed that depression and other mental health problems could affect a person's judgment. Treatment and recovery are better responses than punishment.

Mr Faduyile also mentioned that some who survived suicide attempts later died by suicide while in detention. He said imprisonment or police custody cannot solve the medical issues that can lead to suicide attempts.

“The best way to treat anybody who did not succumb to a suicide attempt is actually not to criminalise it. They need help,” he said.

Bauchi Central Senator, Abdul Ningi, agreed that suicide attempts often link to mental health issues. He also said these should be handled with medical help instead of punishment.

But Senate Leader Opeyemi Bamidele warned that some parts of the Administration of Criminal Justice Act do not apply to all states. It depends on what laws their Houses of Assembly adopt.

Mr Bamidele said the Senate must figure out how the proposed changes would apply nationwide before moving forward.

In response to the debate, Mr Akpabio insisted that attempted suicide should still be punishable by jail time. He warned that removing penalties could encourage more people to try it.

“If you attempt suicide, make sure you die. Anyone who attempts and fails will go to jail,” he said.

The senate president also asked for input from state Houses of Assembly. He urged lawmakers to share their thoughts on the bill during the public hearing to avoid legal issues later.

Currently, Nigeria’s laws consider attempted suicide a crime. The 1999 Constitution does not specifically criminalise it.

Section 327 of the Criminal Code Act says anyone who tries to take their life can face up to one year in jail. Section 231 of the Penal Code also allows for up to one year in jail, a fine, or both. The rules and penalties can differ across states.

This legal system has raised questions about how it fits with the National Mental Health Act of 2021. This law sees attempted suicide as a psychiatric emergency needing immediate help. It defines psychiatric emergencies to include attempted suicide and provides a structure for mental health care and support.