By Sola Ogundipe
The debate over the decriminalisation of attempted suicide bill took an unexpected turn in the Senate on October 13. Sponsor of the bill, Senator Asuquo Ekpenyong, representing Cross River South, had argued that criminal punishment could discourage people in distress from seeking help and push others towards more fatal attempts.
Ekpenyong warned that retaining criminal penalties could produce precisely the outcome the country is trying to prevent. “If people who attempt suicide and survive face imprisonment, they may do everything within their power to ensure that a subsequent attempt is fatal. We are trying to prevent that,” he said.
The Senate President’s response was in sharp contrast: “As far as we are concerned, suicide is a crime for now, if you attempt it, you better succeed, if you do not succeed, we will send you to prison.” The bill passed the second reading, and was referred to the Senate committees on health and judiciary for further consideration.
Psychiatrists and mental health advocates have challenged the Senate’s punitive approach, insisting that attempted suicide survivors need medical attention, treatment, rehabilitation and continuing support, not prosecution and imprisonment. Excerpts;
Punishment is a 15th-century approach to a 21st-century problem – Prof. Daniel Ikpechukwu
It’s really sad watching the video on the boldness of the Nigerian Legislative body working to criminalise suicidal thoughts and ideation by individuals suffering from mental health challenges. Akpabio may be speaking from a position of ill-informed and unenlightened on clinical perspectives of mental health, and so we may be dealing with an ignorant elite in this matter.
But the fact that the entire chamber went on a laughing spree of glorifying his ignorance on the altar of mediocrity is even more absurd. I hope the young senator Ekpenyong with the right mind set will not be discouraged. The legislative chamber by this step may be showing how they are using a 15th century template to operate in the 21st century.
Obviously, the Nigerian government officials in the legislature have exposed their lack of knowledge in the dynamics of the brain as it relates to suicide and mental health. I suggest they be schooled by mental health experts on how the brain chemistry and neurotransmitters could be altered to make one vulnerable to less functional networks in the brain leading to thoughts of suicide and even actualisation of it. Akpabio and his colleagues may need some enlightenment and education on the biological, social, and environmental factors influencing suicide.
The public health consequences of his action and that of his colleagues appear to be even more “suicidal” at this time and may send a very wrong and disturbing signal to the world of Nigeria’s disregard to mental and overall health of its citizens as well as showcasing us as wallowing in the pool of ignorance especially when his likes are handling very important policy decisions affecting serious issues of the citizenry.
Their steps and actions in ignorantly and boldly criminalising suicidal thoughts and ideation may even increase the level of stigma when it comes to individuals speaking up on their mental health challenges. I can’t imagine what would be in the mind of a Nigerian currently in a state of hopelessness and having thoughts of suicide as an easy way out.
The approach Nigeria should adopt to ensure that vulnerable individuals trapped in the web of mental health challenges leading to suicidal thoughts do not carry it out, would be to have a strategic suicide prevention mechanism whereby a framework is developed to train suicide prevention professionals, advance more education and enlightenment to several communities including schools.
Even when we see this as a social issue, the criminal justice system should be involved in this discussion, especially when the law makers are bent on inflicting more punishment to a suicide survivor. Awareness should be raised often to youths and all Nigerians who may be vulnerable to suicidal thoughts.
We need to ensure that people do not have access to taking their lives by detecting signals early enough and start intervention protocols. Improved social and economic situations may help in mitigating the suicidal challenges in Nigeria. Stress management education and enlightenment programmes will help in managing the impulsivity of suicide.
No strong evidence that punishment is effective deterrent – Deborah Omage, Policy and Advocacy Lead, Nigerian Mental Health
There is no strong evidence that criminal punishment is an effective deterrent to suicidal behaviour. The World Health Organisation identifies criminalisation and the stigma and fear of legal repercussions as barriers to timely help-seeking and effective suicide prevention.
The available evidence does not establish that criminal punishment effectively deters suicidal behaviour. While we must not claim that decriminalisation alone will automatically reduce suicide rates, neither should we maintain criminal punishment on the assumption that it prevents suicide when the evidence does not establish that it does.
There is need to focus on the bill’s purpose and the evidence informing the debate. Suicide prevention requires interventions that reduce risk, enable early help-seeking and ensure access to appropriate care. The question is not simply whether punishment exists, but whether the legal framework helps prevent deaths and supports people who need assistance.
A law intended to discourage suicide may make it harder for the people most at risk to access the help they need. The possibility of arrest, prosecution and imprisonment can create an additional barrier to seeking help for someone already experiencing significant distress. A person who survives a suicide attempt may be afraid of being judged, stigmatised or exposed publicly. If seeking emergency medical attention also carries the possibility of prosecution, that person may delay seeking help. Families may equally conceal incidents because they fear legal consequences.
We cannot assume that every person will respond to criminalisation in the same way, however, public policy should not introduce avoidable barriers to emergency care. The first principle should be that a person who survives a suicide attempt needs protection, medical attention and appropriate follow-up care, not automatic criminal prosecution. Following decriminalisation, clear operational guidance must ensure that survivors are not still arrested or prosecuted under provisions that have been repealed.
The National Suicide Prevention Bill, 2024, sponsored by Senator Asuquo Ekpenyong, presents an opportunity to address a longstanding contradiction in Nigeria’s legal framework. We cannot effectively approach attempted suicide as a public health emergency while retaining criminal penalties against the people who survive it.
Decriminalisation is necessary, but it is not sufficient. Ultimately, decriminalisation must go hand in hand with access to appropriate mental health care and continuing support. Removing the threat of imprisonment without providing accessible treatment and continuing support would leave a major gap in Nigeria’s suicide prevention response.
Nigeria needs a reliable suicide surveillance and monitoring system that protects confidentiality while improving data on attempts, deaths, service access and outcomes.
This would help policymakers identify service gaps, direct resources and evaluate whether interventions are working. The success of decriminalisation should therefore be measured not only by changes in legislation, but also by whether people can obtain timely, affordable and humane care when they need it. Legal reform must be accompanied by the resources and institutional capacity needed to make the change meaningful.
It is important to clarify that decriminalisation does not mean encouraging suicidal behaviour, abandoning prevention efforts or removing the need for appropriate intervention. The success of decriminalisation should therefore be measured not only by changes in legislation, but also by whether people can obtain timely, affordable and humane care when they need it.
The Senate should obtain input from mental health professionals, public health researchers, legal experts, civil society organisations, government agencies and people with lived experience of suicidal distress.
Replace punishment with care for suicide survivors
-Ayo Adebusoye, Secretary General, Nigerian Network of NGOs
As a lawyer and public health advocate, my position is that the criminal penalty for surviving a suicide attempt should be removed. Governments must instead be held accountable for providing accessible professional care and appropriate support. The response to a person in suicidal distress should prioritise protection, treatment and recovery, not punishment.
The proposed bill to decriminalise attempted suicide should resolve the conflict between Nigeria’s criminal laws and the National Mental Health Act, 2021, which recognises attempted suicide as a psychiatric emergency requiring immediate intervention. While Section 327 of the Criminal Code and Section 231 of the Penal Code continue to criminalise the act, the proposed reform seeks to replace punishment with a public health response focused on care, treatment and recovery.
The bill should establish a clear pathway to care, ensuring that people who survive suicide attempts receive prompt medical attention, psychological assessment, appropriate treatment and follow up. Hospitals should stabilise physical injuries or poisoning, while people experiencing suicidal distress should have access to safe places of care. Prisons and police cells should not be substitutes for appropriate clinical intervention.
Dignity and confidentiality must also be protected. People seeking help should be able to access services without fear of prosecution, humiliation or unnecessary disclosure of personal information. These protections must be enforceable, not merely stated in law.
The legislation should also clarify how existing convictions and completed sentences should be handled, and provide appropriate procedures for reviewing cases in which people remain detained following suicide attempts. These matters require clear legal provisions rather than assumptions about what decriminalisation will automatically achieve.
However, removing criminal penalties alone will not make the reform effective. Governments must provide the funding and services needed to support people in crisis, including emergency response, accessible mental health services, community based care, appropriate substance use treatment where necessary, family support and follow up after discharge. Prevention programmes in schools and communities should form part of this wider response.
Accountability will be equally important. Authorities should monitor whether services are available, whether referrals lead to treatment and whether people receive continuing support. Regular reporting on funding, service availability and outcomes would help establish whether the law is delivering meaningful protection.
The bill must also address the relationship between federal and state laws. Since the Criminal Code and Penal Code operate across different jurisdictions, lawmakers should consult relevant stakeholders, including state authorities, to ensure that the proposed changes are legally coherent and can be implemented effectively.
The proposal has passed second reading in the Senate and has been referred to the relevant committees for further consideration. It has not yet become law. The legislative process should therefore provide an opportunity to examine the proposed safeguards, clarify implementation responsibilities and ensure that decriminalisation is matched by accessible services.
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