Ayomide Awe
Senate President Godswill Akpabio has opposed moves to decriminalise attempted suicide in Nigeria, insisting that people who survive suicide attempts should remain liable to imprisonment, despite the Senate passing a bill seeking to remove criminal penalties for the act through second reading.
Akpabio made his position known during Tuesday’s plenary, where he warned that removing the punishment could encourage people to attempt suicide.
“If you attempt suicide, make sure you die. Anyone who attempts and fails will go to jail,” the Senate President said.
His position contrasts with arguments by several senators who supported the proposed legislation, insisting that attempted suicide should be treated as a mental health emergency requiring medical intervention rather than criminal prosecution.
The bill, sponsored by the senator representing Cross River South, Asuquo Ekpenyong, was passed for second reading following a voice vote by senators.
It was subsequently referred to the Senate Committees on Health (Secondary and Tertiary) and Judiciary, Human Rights and Legal Matters for further legislative consideration.
The proposed legislation seeks to decriminalise attempted suicide and establish a legal framework for prevention, treatment and support for survivors.
Leading the debate, Ekpenyong said Nigeria’s existing criminal laws were inconsistent with the National Mental Health Act, 2021, which recognises attempted suicide as a psychiatric emergency requiring appropriate medical attention.
He noted that Section 327 of the Criminal Code and Section 231 of the Penal Code prescribe penalties for attempted suicide, creating a conflict between the criminal justice system and the country’s mental healthcare framework.
According to him, the proposed legislation would replace punitive measures with medical assessment, treatment and sustained support for people who survive suicide attempts.
The senator warned that criminalising attempted suicide could discourage affected individuals from seeking medical assistance, compel families to conceal such incidents and prevent healthcare professionals from reporting cases promptly.
He also argued that the existing law could worsen the stigma surrounding mental health conditions and undermine efforts to obtain reliable data needed to develop effective suicide prevention programmes.
Several lawmakers who participated in the debate supported the bill, arguing that suicide attempts should be addressed through healthcare services rather than imprisonment.
The senator representing Ondo South, Dayo Faduyile, a medical doctor, said people who survived suicide attempts needed professional help and should not be treated as criminals.
He explained that depression and other mental health conditions could impair an individual’s judgment, making medical intervention and recovery more appropriate responses than punishment.
Faduyile also warned that some people who survived suicide attempts had subsequently died by suicide while in detention, stressing that police custody or imprisonment could not adequately address the underlying conditions that might have contributed to their actions.
“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.
Similarly, the senator representing Bauchi Central, Abdul Ningi, argued that suicide attempts were often associated with mental health challenges and required medical intervention instead of punitive treatment.
However, Senate Leader Opeyemi Bamidele raised concerns about the nationwide applicability of the proposed amendments.
Bamidele explained that certain provisions of the Administration of Criminal Justice Act did not automatically apply across all states, depending on the legal frameworks adopted by their respective Houses of Assembly.
He said the Senate needed to establish the extent to which the proposed amendments would apply nationally to avoid possible legal conflicts.
While opposing the proposed decriminalisation, Akpabio urged the Senate to ensure that state Houses of Assembly were adequately involved in the legislative process.
He called on state lawmakers to express their positions during the public hearing on the bill, warning against potential conflicts between federal legislation and state legal frameworks.
The bill will undergo further scrutiny by the relevant Senate committees before the next stages of legislative consideration.
Its passage through second reading does not mean that attempted suicide has been decriminalised, as the proposed legislation must complete the required legislative process before it can become law.
Under Nigeria’s existing criminal laws, attempted suicide remains a punishable offence in jurisdictions where the relevant provisions apply.
Section 327 of the Criminal Code Act prescribes a maximum of one year’s imprisonment for attempted suicide, while Section 231 of the Penal Code provides for imprisonment of up to one year, a fine or both.
However, the National Mental Health Act, 2021, recognises attempted suicide as a psychiatric emergency requiring immediate intervention and provides a framework for mental healthcare and support.
The proposed bill seeks to address the tension between the existing criminal provisions and the mental health legislation by shifting the response to attempted suicide from punishment towards treatment, rehabilitation and support.
'
'Do you want to share a story with us? Do you want to advertise with us? Do you need publicity for a product, service, or event? Contact us on WhatsApp +2348183319097 Email: platformtimes@gmail.com
We are committed to impactful investigative journalism for human interest and social justice. Your donation will help us tell more stories. Kindly donate any amount HERE
'