The case of a young man in Abuja who attempted suicide on Monday, 8th July 2024 has again
brought to the fore, the urgent imperative for decriminalization of attempted suicide in Nigeria.
The young man was promptly arrested and is culpable to face three count charges, according to
the police spokesman. He will face charges under sections 231, 111, and 114 of the Penal Code
Act, on attempted suicide, disturbance of public peace, and incitement. Thus, the discussions
are now raging again about the need to decriminalize attempted suicide.
Case Scenario: Aliu was depressed and started toying with the idea of simply going to sleep and
not waking up again with thoughts of ending his own life. He bought some chemicals to take
but just after taking them, he sent a message to his brother who rushed over to his house and
took him to hospital. He was on admission for a few weeks, but he survived. He was informed
that he had been going through a depressive episode and placed on treatment. Within a few
weeks, he was back to his formerly happy self and the dark clouds had disappeared. He was
very grateful for the second chance and resolved to encouraging everyone else who may be
suicidal not to act upon it but to seek for professional help. He knew he had been extremely
lucky to have survived.
Burden of the problem
1 million people intentionally take their own lives every year, according to the World Health
Organization (WHO), which translates to 1 suicide death every 40 seconds. Furthermore,
attempted suicide is 20 times more prevalent, so, 20 million attempted suicides occur every
year. The implication of these numbers is that every 2 seconds, someone somewhere on this
planet attempts to intentionally take their own life. It is therefore not a surprise that the WHO
declared suicide a public health emergency in 2012. Suicide is preventable and everyone who
attempts it needs urgent help and not punishment. But our extant law in Nigeria disagrees.
The Law and Attempted Suicide
The current criminal code, in Chapter 27, Section 327 of Nigeria states that “Any person who
attempts to kill himself is guilty of a misdemeanor and is liable to imprisonment for one year”.
Unfortunately, Nigeria remains one of the few remaining countries that still criminalizes
attempted suicide, instead of recognizing it as a cry for help and occurring frequently against
the backdrop of mental ill-health – especially depression. But the Nigerian Law recommends
that Mr Aliu above, should be tried and sentenced to a 1-year imprisonment for attempting to
take his own life.
Should we Continue to Criminalize or Decriminalize Attempted Suicide?
Some argue that the benefit of criminalizing attempted suicide is to serve as a deterrent by
coupling it with punitive legislation that may dissuade those who may be considering suicide to jettison the idea. They argue that decriminalizing it will be akin to encouraging those with such
thoughts to attempt it.
However, global evidence shows that criminalizing attempted suicide has not reduced rates of
suicide in such countries compared to countries where it is now decriminalized. Indeed, rates
tend to come down following decriminalization. Furthermore, it is more likely to drive persons
who are suicidal to go underground for fear of arrest and prosecution. It can also motivate
them to ensure they succeed with the attempt.
Even more importantly, we know that the majority of those who will attempt suicide are
persons with background mental disorders, especially those experiencing depression. They
need help and treatment and NOT punishment. A punitive legislative approach is inappropriate
as it is inconceivable to propose punishing someone with a fracture or hypertension for
negligence in looking after their health and criminalizing it as a misdemeanour that is
punishable with one year imprisonment. If this scenario sounds ridiculous, it is similarly
unreasonable to consider such an approach for someone who is depressed and who makes a
suicidal attempt.
Way Forward
This debate further highlights the need for continued mental health awareness creation and the
need for urgent efforts to decriminalize attempted suicide, in tandem with global best
practices. It should be seen as a medical problem necessitating treatment and not as a crime.
We need all hands-on deck to continue to push this narrative until positive action ensues. The
Asido Foundation (www.asidofoundation.com) joins other stakeholders to advocate strongly for
decriminalization of attempted suicide in Nigeria. We call on the Attorney General of the
Federation, Prince Lateef Fagbemi, SAN to use his immense goodwill and progressive leaning to
push for the decriminalization of attempted suicide in Nigeria. All State Attorney Generals
should also engage with their respective state Houses of Assembly to also do the needful at the
state level.
Dr Jibril Abdulmalik
Tribune Article for the column “Your Mental Health & You”
Thursday, 11th July 2024
Asido Foundation
www.asidofoundation.com
Asivuri Consulting
www.asivuri.com
