Criminalization Of Suicidal Attempts In Nigeria: To Stay Or To Go? -By Pelumi Abdul

Introduction

Death is inevitable in human race and one of the major cause of mortality worldwide is suicide. By definition, suicide is an intentional act of self-destruction committed by an individual with knowledge of the probable consequences of his action. While suicidal attempt is the potentially injurious behavior with intent to die (Google, 2021).

According to the World Health Organization, suicide accounts for about one million deaths across the globe annually (WHO, 2021). This is put at the rate of 9.0 out of 100 persons, particularly within the age of 15-29 years (Adegboyega, 2021). Thus, suicide is ranked the third leading cause of death among young people aged 5 to 44 years and ranked second among adolescents aged 15 to 19 years globally (Alabi, Ayinde &Abdulmalik, 2017). The magnitude of the problem is further compounded by attempted suicide, which is 25 times more than the completed act (Alabi, Ayinde & Abdulmalik, 2017).

In Nigeria as at 2019, suicidal rate was at 6.9 of 100,000 persons from which 12 have attempted to commit suicide (Onwuzoo, 2020). As a result, Nigeria was ranked the 15^th country with the highest suicidal rate and the top in Africa (Onwuzoo, 2020).

In a way to solve the menace and provide deterrence for potential suicidal, Nigerian government by its laws criminalized attempt to commit suicide. Despite the laws in place, rate of suicide and suicidal attempts remained on increase in the country.

Therefore, should suicidal attempts be decriminalized?

Criminalization of Suicidal Attempt

To Stay?

To begin with, Nigeria is religious despite claiming to be a non-secular state under section 10 of its Constitution (Ekpendu, 2020). The country is influenced by religion to the extent that the concept of morality under religion flows through its laws. In Islam, Christianity and traditional religion in Nigeria, it is believed that God is the giveth of life and he is the only one that can take it (Ekpendu, 2020). Moreover, in attempt to reduce the rate of suicide and suicidal attempts, attempt to commit suicide was criminalized in Nigeria.

Section 327 of the Criminal Code provides:

“Any person who attempts to kill himself is guilty of a misdemeanor, and is liable to imprisonment for one year”

Section 231 of the Penal Code provides:

“Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with imprisonment for a term which may extend to one year or with fine or with both”

Nevertheless, suicide and suicidal attempts remained on increase in the country. Although, the country could not provide a clear data on trends and patterns of the issue (Olusola, Ola & Onabola, 2020). However, data from newspapers shows that a total of 350 suicidal cases were reported between 2010 and 2019 (Philip, 2020). While at 2020, a total of 264 suicide and suicidal attempts’ cases were recorded starting from 2016 (Fidelis, Ibrahim & Mutum, 2020).

Therefore, there is need for decriminalization of suicidal attempts in the country.

Decriminalization of Suicidal Attempts (To go)

Based on research, about 90% of people who attempt to commit suicide have a mental health problem and a considerable proportion of about 20.8% to 35.8% are suffering from depression (Adegboyega, 2021). Ifeanyi Ugokwu, a 25 years old Nigerian, who attempted to commit suicide sometimes in 2018 was found to be suffering from mental health problem and depression (Busari, 2018).

In addition, Chukwuemeka Akachi, a 400 Nigerian student who committed suicide in 2019 after several attempts suffered from gross mental depression. Also, is the case of Mrs. Titilayo Momoh, Owolabi Ogunwande and the recent suicidal attempt by Adekunle Ajisebutu (Johnson, 2021).

Suicidal attempt needs to be decriminalized and government should focus on restoration and development of the Nigerian mental health care system. By this, most people particularly those with mental health problems or depression, that might result into attempting or committing suicide would have access to effective, affordable and culturally acceptable mental health care services.

Moreover, this step would be more effective and practical if suicide prevention strategies are put in place, among which is providing and encouraging qualified psychiatrists’ participation in the mental health care system. Presently, Nigeria lacks suicide prevention strategies and is in dearth need of psychiatrists as there are only about 300 psychiatrists serving over 200 million populations (Onwuzoo, 2020).

Another reason suicidal attempts should go is from the legal perspective. In law, it is absurd to criminalize an attempt to commit an act, which act itself is not an offence. It is a typical example of placing something on nothing and expecting it to stand. It would never stand but collapse. It is ridiculous how attempt to commit suicide is criminalized under the Nigerian criminal laws (the Criminal Code and the Penal Code applicable in the northern and southern Nigeria respectively), while the act itself does not constitute an offence.

Moreover, it is an infringement of right to dignity of human person of the attempted suicidal, guaranteed by the Nigerian constitution (section 35). Since most of these people are suffering from mental problems, care is what should be offered, not imprisonment as a deterrent. Hence, Nigeria should input into the Mental Health Law by amendment, the decriminalization of suicidal attempts and repeal the provisions of the criminal laws on suicidal attempts as done in developed countries such as Britain, which had decriminalized suicide since 1961. The Mental Health Bill was just passed into law in Nigeria (PLAC, 2021).

In addition, associated stigma from attempting to commit suicide would be removed if suicidal attempt is decriminalized. Rather than further attempts to commit the act, people would be free to speak out and obtain the necessary help, where suicidal attempt is decriminalized. This is achievable if there is a standard mental health care system in place with supportive government policies on hospitalization and prevention strategies.

Decriminalization of suicidal attempts would help a long way in identification and removal of the major means by which suicide is attempted and committed in Nigeria. This is because majority of those who attempted to commit suicide would be able to narrate their experience and means they used, which failed.

Although, the Nigerian government banned sniper in 2019 as it was identified as the major means through which suicide is committed (Onyeji, 2019). However, despite the ban, there has been increase in suicidal rate in the country. Recently in December, 2021, a Nigerian student of Plateau State University (PLASU), Nanshak Christopher Moris committed suicide after chewing an unidentified white substance (ideemlawful, 2021).

 Nanshak had suffered acute depression when he posted the world is a bad place on his social media page before he killed himself. Assuming he had access to mental health care, he might have stated what he intended to use in committing suicide. There are several other cases, where the means used by the victims in committing suicide are unknown.

Conclusion

The jurisprudence behind the criminalization of suicidal attempts in Nigeria is to reduce the menace and serve as deterrence to other potential suicidal. Also, is the moral unacceptability of committing suicide in Islam, Christianity and traditional beliefs. However, the criminalization of suicidal attempts in the country has failed to quash the menace as it keeps being on increase. Thus, as provided in this paper, decriminalization of suicidal attempts and focus on standard mental health care services among others would help in solving suicide and suicidal attempts. Now is the time to act.

References

Stephanie Busari, “Locked-up for trying to take his own Life in a Country, where is a Crime to attempt to commit suicide” available at https://www.google.com/amp/s/amp.cnn.com/cnn/2018/12/30/health/imprisoned-suicide-illegal-nigeria-intl/index.html  accessed 05^th December 2021.

World Health Organization, “Suicide” available at https://www.who.int/news-room/fact-sheets/detail/suicide  accessed 05^th December 2021.

AdegboyegaOgunwale, “Nigeria’s Laws make it a Crime to Attempt Suicide- There are better Ways to prevent Tragedy” available at https://theconversation.com/amp/nigerias-law-makes-it-a-crime-to-attempt-suicide-there-are-better-ways-to-prevent-tragedy-169398  accessed 06^th December 2021.

Alabi .O, Ayinde .I & Abdulmalik .O, “Suicide and Suicidal Behavior in Nigeria- An Overview” available at https://www.researchgate.net/publication/271748010  accessed 7^th December 2021.

Angela Onwuzoo, “Despite Increasing Suicide Attempts, only 300 Psychiatrists serve 200 million Nigerians- Physician” available at https://healthwise.punchng.com/despite-increasing-suicide-attempts-only-300-psychiatrists-serve-200m-nigerians-physician/  accessed 7^th December 2021.

Caroline Ekpendu, “THE NIGERIAN LAW ON SUICIDE: A TRAGIC RESPONSE TO A CRY FOR HELP”

Olusola Olibamoyo, Bolanle Ola & Akintayo Onabola, “Trends and Patterns of Suicidal Behavior in Nigeria: Mixed-Methods Analysis of Media Reports from 2016 to 2019” available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8008030/  accessed 8^th December 2021.

Tosin Philip, “Suicide in Nigeria: Observations from the Content Analysis of Newspapers” available at https://gpsych.bmj.com/content/34/1/e100347  accessed 8^th December 2021.

Sarah Johnson, “Suicide still treated as a Crime in at least 20 Countries, Report finds” available at https://www.google.com/amp/s/amp.theguardian.com/global-development/2021/sep/09/suicide-still-treated-as-a-in-at-least-20-countries-report-finds   accessed 10^th December 2021.

PLAC, “New Mental Health Bill puts Human Rights on the Front Burner” available at https://placbeam.com/2021/09/03/new-mental-health-bill-puts-human-rights-on-the-front-burner/  accessed 11^th December 2021.

Ebuka Onyeji, “Suicide: Nigeriambans ‘Sniper’ Chemical” available at https://www.premiumtimesng.com/health/health-news/336205-suicide-nigeria-bans-sniper-chemical.html    accessed 12^th December 2021.