At the 80th United Nations General Assembly High-Level Political Declaration Meeting on Non-Communicable Diseases and Mental Health, Nigeria reaffirmed its global commitments to expand access to mental health services for millions of citizens and transition away from punitive suicide laws. This important step made the country join the global movement that treats attempted suicide as a public health and mental health concern rather than a criminal offence. The post Why the National Assembly must
By Olutayo Irantiola
At the 80th United Nations General Assembly High-Level Political Declaration Meeting on Non-Communicable Diseases and Mental Health, Nigeria reaffirmed its global commitments to expand access to mental health services for millions of citizens and transition away from punitive suicide laws. This important step made the country join the global movement that treats attempted suicide as a public health and mental health concern rather than a criminal offence.
Globally, the World Health Organisation (WHO) estimates that over 700,000 people die by suicide each year, making it the second leading cause of death among young people. The WHO’s stance is unmistakable: suicide is fundamentally a public health crisis, not a criminal act, and decriminalising attempted suicide is a proven, evidence-based intervention essential for reducing mortality.
In Africa, Ghana has already decriminalised attempted suicide and is now building its suicide prevention and mental health response around a more supportive framework. While Kenya, for example, has moved through judicial and legislative discussions on reform, several countries on the continent continue to review laws inherited from older legal systems. Botswana is among the African countries where attempted suicide is not treated as a criminal offence.
Nigeria repealed the Lunacy Act of 1958 and enacted the National Mental Health Act in 2022, making her one of the few countries on the continent with the most recent legislation. However, the decriminalisation of attempted remains the missing piece. Therefore, Nigeria has an opportunity not only to follow global best practices but also to strengthen its position as a major African voice in mental health reforms.
For decades in Nigeria, individuals navigating their darkest hours faced double jeopardy, enduring severe psychological distress only to be threatened under Section 327 of the Criminal Code Act in the South or Section 231 of the Penal Code in the North with up to one year in prison for an unsuccessful suicide attempt.
The journey toward mental health legislative reforms in Nigeria gained momentum on December 28, 2022, when former President Muhammadu Buhari gave presidential assent to the landmark National Mental Health Act 2021. This historic piece of legislation repealed the obsolete Lunacy Act of 1958, establishing a rights-based framework that outlawed disenfranchisement and mandated the creation of a dedicated national suicide prevention strategy.
Building on this legislative foundation, the Federal Ministry of Health and Social Welfare, under the leadership of the Coordinating Minister of Health and Social Welfare, Prof. Muhammad Ali Pate, launched the National Suicide Prevention Strategic Framework (2023–2030) in November 2023. Designed to align with the Sustainable Development Goals (SDGs), the strategy sets a national target to reduce suicide mortality by 15 per cent by 2030, putting the decriminalisation of attempted suicide as one of the key policy actions to achieve this.
Recognising that legal reform requires a bridge between health policy and statutory law, the Ministry of Health collaborated with the Federal Ministry of Justice and the Office of the Attorney General of the Federation to establish the National Taskforce on the Decriminalisation of Attempted Suicide on World Mental Health Day in October 2024. Chaired by health law authority, Professor Cheluchi Onyemelukwe, with Dr Ojo Tunde Masseyferguson, the National Coordinator, National Mental Health Programme at the Federal Ministry of Health as the secretary, the taskforce comprises professional associations, civil society organisations, people with lived experience, and key government agencies was tasked with conducting national stakeholder engagements, debunking socio-cultural and religious myths, and charting an actionable path forward.
The task force recognised that suicide is an issue deeply influenced by culture, religion and social beliefs. Consequently, it embarked on consultations and national conversations with various stakeholders, including religious leaders and people with diverse perspectives on the issue. These engagements were important because some supporters of criminalisation had argued that punishment could serve as a deterrent and reinforce the sanctity of life. However, the emerging public health position was that punishment does not address the underlying distress that may have led to the attempt.
The campaign, therefore, focused on a simple but powerful principle- people in distress need help, not handcuffs. The task force concluded that a focused executive bill amending the National Mental Health Act was the most efficient and politically viable route to repeal the punitive sections of the Criminal and Penal Codes. This momentum reached a historic high-water mark when the Federal Executive Council (FEC) formally threw its full weight behind the policy, approving the proposed amendment bill for transmission to the legislature on the 21st of August 2026. This is a major milestone, but it is not yet the end of the journey.
Decriminalising attempted suicide will transform Nigeria’s mental health landscape by replacing fear with help and compassionate care. Under the legacy criminalisation framework, individuals in severe distress are forced to conceal their struggles due to the threat of police arrest, prosecution, and social exile. Decriminalisation creates a safe environment where survivors can step forward to receive medical, psychological, and social support without penalty. Furthermore, removing legal sanctions enhances public health surveillance, providing accurate data to guide national planning, healthcare resource allocation, and targeted suicide prevention initiatives across the country.
However, executive approval is not the finish line. The proposal must still pass through the legislative process in the Senate and House of Representatives before Nigeria can fully remove the provisions that criminalise an unsuccessful attempt to take one’s life. The National Assembly should see this as an opportunity to complete a reform that has already travelled through years of policy development, consultation and inter-ministerial engagement.
Nigeria is not being asked to reinvent its entire mental health architecture. The country already has a National Mental Health Act. It has a National Mental Health Policy. It has a National Suicide Prevention Strategic Framework. The immediate legislative request is a focused amendment to ensure that attempted suicide is no longer treated as a criminal offence.
Concerns about what happens after decriminalisation have also been considered. The existing strategic framework already outlines responsibilities for prevention, screening, service delivery and intervention. The proposed amendment also contemplates regulatory powers to strengthen the post-decriminalisation response.
As the approval is transiting to the National Assembly, lawmakers must formally enact the amendment bill into law. With legislative time windows rapidly closing before the next electoral cycle, passing this focused amendment cannot be delayed. The National Assembly must act swiftly to ratify the decriminalisation of attempted suicide, replacing prosecution with compassion, medical care, and psychosocial support.
The National Assembly should not allow the journey to stall at the final mile. We, therefore, charge the Senate President, HE Godswill Akpabio; Speaker of the House of Representatives, Rt. Hon. Tajudeen Abbas and other committees within both chambers to speedily ratify this bill. The decriminalisation of attempted suicide will send a powerful message that Nigeria recognises mental distress as a health concern requiring intervention, compassion and access to care. It will also reinforce the country’s commitment to the international direction it has already endorsed.
• Irantiola is a Public Relations, Public Affairs Specialist and Cultural Afficionado based in Lagos, Nigeria. He can be reached via peodaviescomms@gmail.com
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