Akpabio insists on jail term for attempted suicide as Senate passes decriminalisation bill for second reading

A bill seeking to decriminalise attempted suicide in Nigeria has passed second reading in the Senate, despite Senate President Godswill Akpabio insisting that people who survive suicide attempts should remain liable to imprisonment.

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Mr Akpabio announced the passage of the bill

during Tuesday’s plenary after a majority of senators supported it through a voice vote.

The bill was subsequently referred to the Senate Committees on Health (Secondary and Tertiary) and Judiciary, Human Rights and Legal Matters for further legislative action.

The bill, sponsored the senator representing Cross River South Senatorial District, Asuquo Ekpenyong, seeks to decriminalise attempted suicide and establish a legal framework for suicide prevention, treatment and support for survivors of suicide attempts.

It also seeks to address the conflict between existing criminal laws that punish attempted suicide and the National Mental Health Act, which recognises the need for medical intervention in mental health emergencies.

Leading the debate on the bill, Mr Ekpenyong argued that while the National Mental Health Act recognises attempted suicide as a psychiatric emergency requiring treatment, Section 327 of the Criminal Code and Section 231 of the Penal Code criminalise the act.

He said the provisions were contradictory and required legislative intervention.

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The senator manitained that the bill seeks to replace punitive measures with appropriate medical assessment, treatment and continuing support for survivors of suicide attempts.

He warned that criminalising attempted suicide could discourage people from seeking help, encourage families to conceal such incidents and prevent health workers from reporting cases promptly.

He added that treating suicide attempts as criminal offences could deepen the stigma surrounding mental health conditions and undermine efforts to obtain reliable data for national suicide prevention programmes.

Debate

Most senators who participated in the debate supported the bill.

Dayo Faduyile, the senator for Ondo South and a medical doctor, said attempted suicide should be treated as a medical emergency rather than a criminal offence.

He argued that depression and other mental health conditions could impair a person’s judgement, making treatment and recovery more appropriate responses than punishment.

Mr Faduyile also noted that some people who survived suicide attempts had subsequently died by suicide while in detention.

He warned that imprisonment or police custody could not adequately address the underlying medical conditions that might 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, also argued that the circumstances surrounding suicide attempts were often linked to mental health challenges and should be addressed through medical intervention rather than punitive measures.

However, Senate Leader Opeyemi Bamidele cautioned that some 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.

Mr Bamidele said the Senate needed to establish the extent to which the proposed amendment would apply nationally before proceeding with the legislation.

Akpabio insists on punitive measures

Responding to the debate, Mr Akpabio argued that attempted suicide should remain punishable by imprisonment, warning that removing the penalties could encourage the act.

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

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The senate president also called for adequate input from state Houses of Assembly, urging state lawmakers to express their views on the bill during the public hearing to avoid potential legal conflicts.

What the law says

Under Nigeria’s existing criminal laws, attempted suicide remains a punishable offence, although the 1999 Constitution does not expressly criminalise the act.

Section 327 of the Criminal Code Act provides for up to one year’s imprisonment for anyone who attempts to take their own life, while Section 231 of the Penal Code prescribes up to one year’s imprisonment, a fine or both. The applicable provisions and penalties may vary across jurisdictions.

The existing legal framework has, however, raised concerns about its compatibility with the National Mental Health Act, 2021, which recognises attempted suicide as a psychiatric emergency requiring immediate intervention. The law defines psychiatric emergencies to include attempted suicide and provides a framework for mental healthcare and support.