…Why suicide attempt should be decriminalised in Nigeria
BLESSING TAIWO
Globally, suicide is the fourth leading cause of death in 15-29-year-olds, says the International Association for Suicide Prevention (IASP).
While suicide attempt is a crime and punishable under the Nigerian law, more suicides have been recorded overtime. This has heightened the call to decriminalise suicide attempt and provide professional mental health support.
The world suicide prevention day celebrated on September 10 serves as a reminder on the need to save lives by preventing suicide.
The theme for 2024-2026 is “Changing the Narrative on Suicide” with the call to action “Start the Conversation”. This theme aims to raise awareness about the importance of reducing stigma and encouraging open conversations to curb suicides.
A statement by Saima Wazed, World Health Organisation (WHO) Regional Director for South-East Asia, to mark the world suicide prevention day, highlighted the essence of a change from a culture of silence and stigma to one of openness, understanding, and support.
Wazed said, “suicide remains one of the leading causes of death. It knows no boundaries-affecting people of all ages, genders, and backgrounds. Stigma around mental health conditions and suicide means many people thinking about suicide do not seek help. Suicides and suicide attempts have a ripple effect that impacts on families, friends, colleagues, communities and societies.”
He harped on the need to build good relationships and support systems to curb the recurring cause of death.
“Let us remember that suicide prevention is not solely about addressing crises but also about building strong, supportive communities where people feel connected and valued. Small acts of kindness, open conversations, and a non-judgmental ear can profoundly impact someone’s life.
“By breaking the stigma surrounding mental health and suicide, we create an environment where individuals feel safe to seek help. It is crucial to ensure that everyone knows they are not alone and that there are effective interventions and support systems available.
“Family and friends can be the first to recognize the warning signs and can take the first step toward helping a loved one find mental health treatment. It is also important for family, friends and other social support structures to seek professional guidance in the aftermath of a loved one’s suicide attempt.
“Every effort counts, every conversation matters, and every life is worth living. Each of us can individually help start the conversation, and all of us together have to create a society where anyone can start the conversation,” Wazed stated.
The International Association for Suicide Prevention has intensified its awareness on suicide prevention and professional help seeking.
In his address, President of IASP, Professor Rory O’Connor called on nations to shun suicide stigmatisation and engage in open discussions on mental health challenges.
He emphasised that everyone should be involved in suicide prevention to restore hope and value to those who are about to give up.
His words, “I want to acknowledge the power of our collective voice. Your efforts and power in shaping the world where hope and support are more accessible than ever.
“With the call to action— start the conversation, our new theme aims to inspire individuals, communities, organisations, and government to engage in open and honest discussions about suicide and suicidal behaviours.
“For too long, suicide has been shrouded and silenced in stigma and misunderstanding. This has not only hindered open conversations but prevented many from seeking the help that they desperately need.
“Today and everyday, your role is vital. Suicide prevention is our collective responsibility. Together, we can create a world where every life is valued and supported.”
In an interview with Daily Champion, a Psychologist and Executive Director of The Sunshine Series/Idimma, Aisha Bubah, discussed the warning signs of suicide.
Bubah said, “early warning signs of suicide are— in many cases, the person will verbalise their wish and intention to die. If you probe a bit further in asking if they are having suicidal thoughts, the person might open up.
“In a situation whereby you don’t have the person verbalise this, a sign you can notice is that casually in conversations the person talks about death and is constantly preoccupied with thoughts of death and they keep talking about it in conversations.
“The person could also become withdrawn, and don’t associate much with people and family or they could be doing the opposite whereby he engages with a lot of people as a form of saying goodbye. The person could also engage in risky behaviours in a situation when the person is worried or afraid of carrying out the act themselves. They could engage in risky behaviours that can lead to death in hope that something else kills them. Like the person crossing the road without checking.
“Also, the person might give out his prized possession or give out his items to people as a way of saying goodbye. For some people, suicide may come or suicidality may go hand in hand with a mental health condition. Maybe the person is depressed and in extreme forms, may be having suicidal ideations.”
The psychologist maintained that professional care should be sought for anyone struggling with suicidal thoughts.
According to her, such a person needs to be referred to see a psychologist or a therapist to provide coping skills and help the person address the underlying root cause or the triggers.
On the role of the society, Bubah said persons with suicidal thoughts or mental health challenges should not be judged, insulted, silenced or accused of being ungrateful but shown support and love.
“Resist the urge to judge but be supportive in your words and actions. Ask the person how best you can support him and assure the person that you are there for them. It is a tough phase to be but it can get better if they can hang on a little bit. Be supportive with your words and actions,” she charged.
Meanwhile, the mental health expert commended the government on its recent National Suicide Policy which is designed to place measures to support suicide prevention, increase access to mental health services, increase awareness, education and the implementation of the mental health law.
However, she frowned at the delay in the implementation of the policy which was launched last year, of which she was part of the technical working group that created the document.
Bubah joined in the call for the decriminalisation of attempted suicide in Nigeria.
“Criminalising suicide is a very detrimental way of addressing suicide because it means that when people attempt it they might as well succeed because if they fail at it, then they will end up in jail which doesn’t solve any problem. It is more punitive. It is not supportive, instead of providing the person with the care that is needed. This is one major way that suicide prevention is still tricky in Nigeria because people will be afraid to seek help and speak up when they are struggling,” she said.
Speaking with a legal practitioner and Founder of Ziva wellness, Rachel Nsefik-Eyo, on the attempted suicide law in Nigeria, the rationale behind the law was exposed.
Nsefik-Eyo explained that it was one of the inherited laws from the colonial masters which has not been revised despite the fact that the British have abolished theirs.
“The law on attempted suicide in Nigeria is found in section 327 of the criminal code act and section 231 of the penal code. The criminal code is applied to Southern Nigeria while the penal code is applied to Northern Nigeria. Section 327 of the criminal code says any person who attempts to kill himself is guilty of a misdemeanor and liable to imprisonment for one year. Section 231 of the penal code is also very similar. Whoever attempts to commit suicide and does any act towards the commission of such offense shall be punished with imprisonment for a term which may extend to one year or with fine or both,” she quoted.
“The rationale behind this legal position and what we see in the criminal and penal code came as a result of the laws which we had during colonial rule. Nigeria inherited a number of laws from England. In English common law and legislation, at that time, suicide was considered a crime in England and a sin against God. That was then entrenched into some of their laws which were now inherited by the colonies as at then. England has revised their own laws and decriminalised attempted suicide but apparently this still exists in Nigerian legal framework. Because Nigeria is a former British colony, a lot of our laws are inherited from English laws. Several laws that we still maintain have been abolished by the England court and replaced with newer laws that reflect current realities.
“The jail term for attempted suicide in Nigeria is one year. An exemption to this jail term can be found in section 231 of the penal code which says the person shall be punished with imprisonment for a term which may extend up to one year or with fine or both. That means that the person may either be jailed for up to one year or maybe punished with a fine. The person may actually be allowed to go but be punished with paying a fine or might end up in jail and paying a fine as well.
“The section 327 of the criminal code does not give any exceptions to this where the person is set free. In a lot of Nigerian case laws, you find cases where the case actually sentences someone to one year imprisonment for attempted suicide. We’ve seen cases where the court sentenced a man for attempted suicide maybe by drug overdose or injectives. It is almost as if you have not been sentenced to jail term or been punished with a fine or both, you cannot be set free.
“However, in recent times, we have seen a lot of CSOs and NGOs rise up to take up pro bono cases of people who appear in court for cases on attempted suicide. Recently, in a discussion with some CSOs, one of the founders of a CSO mentioned how they had a pro bono case and they were able to convince the judge that the defendant needed some form of rehabilitation and mental health attention from professionals. Based on that the person was let go but the standard Nigerian law is that there is no exemption. It is either you are jailed or you are punished with a fine or you experience both,” the legal expert explained.
When asked if the legislation on attempted suicide has helped to reduce suicide rate in Nigeria, she said the law has not scared people from ending their lives but made people reluctant to speak up when struggling with suicidal thoughts.
“Recently, in Abuja, we saw a live coverage of a man who wanted to jump down from the high place and end his life. So, the law hasn’t reduced suicidal attempts. More people are reluctant to seek, speak out and seek professional help when they’re experiencing suicidal thoughts. We have seen cases in Lagos where people jump down the third mainland bridge before anyone could come to their rescue.
“The law is not really helping. If the law is abolished, what we will see is more people seeking help and we will be able to collect data more on people who are experiencing mental health challenges to know how to help them and carry out research on the issue as other developing countries are doing with data,” she said.
Nsefik-Eyo advocated that attempted suicide in Nigeria is decriminalised, in order to prevent more suicides, while new legal framework to address mental health should be introduced.
“We need to repel this portion of the criminal code and the penal code and any associated portion of this act that criminalise attempted suicide in Nigeria. When this happens, we will be able to encourage more conversations on mental health, suicide prevention. We will be able to draw up a new law or framework which encourages people to seek help when they are going through any form of mental health challenges. We should have a law that will cater for those who have feelings of hopelessness or mental health challenges and prescribe treatment for them or even rehabilitation. A lot of them need attention, love, support and care.
“There is a lack of mental health education in the country. A lot of people don’t know how to help a loved one who is going through mental health challenges. We need to encourage more dialogues, conversations and education on these things. It begins with the law, having a good legal framework that stops criminalising attempted suicide and supports mental health interventions,” the legal practitioner said.
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