Task Force Applauds Proposed Amendment To Mental Health Bill

The National Task Force on the Decriminalisation of Attempted Suicide has applauded the Federal Executive Council (FEC’s) approval of the proposed amendment to Nigeria’s mental health legislation to decriminalise attempted suicide and  transmission to the National Assembly (NASS) for consideration.

It described the step as a major development in Nigeria’s mental health reform journey and represented an important move towards aligning the country’s laws with its evolving public health, mental health and human rights commitments.

A statement signed by the Task Force chair, Prof. Cheluchi Onyemelukwe, explained that the milestone was the outcome of sustained work over the past two years.

She said while Nigeria was strengthening its mental health policy and developing a national suicide prevention framework, attempted suicide continued to be criminalised under Section 327 of the Criminal Code and Section 231 of the Penal Code.

According to her, the continued existence of these provisions was increasingly difficult to reconcile with a public health approach to suicide prevention.

Onyemelukwe said, ‘The position of the Task Force is therefore hinged on one cardinal truth: a person who survives a suicide attempt should be met first with appropriate health and psychosocial interventions, not criminal prosecution.”

She noted that  decriminalisation is not a removal of the state’s responsibility to protect life, nor does it diminish the seriousness of suicide.

“Rather, it removes the criminal penalty imposed on the person experiencing suicidal distress and creates a legal environment more conducive to help-seeking, early intervention, treatment and recovery.

“This distinction is important. Suicide prevention is a public health responsibility requiring early identification of risk, access to appropriate mental healthcare, crisis intervention, psychosocial support, effective referral systems and sustained follow-up.

” Criminalising the person who survives an attempt does not provide these interventions. It can instead reinforce stigma and create additional barriers to disclosure and help-seeking.

“Evidence and expert discussion considered during the reform process have consistently pointed to the need for Nigeria to move from a punitive approach towards a prevention and care-oriented response.”

The National TaskForce was inaugurated by the Federal Government on 10 October 2024, with a mandate to facilitate strategic stakeholder engagement, build public understanding of the need for decriminalisation, mobilise support and develop a government-wide position on the reform.

The National Mental Health Act 2021, which repealed the longstanding Lunacy Act, represented a fundamental shift towards a rights-based framework for mental healthcare.

This was followed by the revised National Mental Health Policy 2023 and the National Suicide Prevention Strategic Framework 2023 – 2030, providing Nigeria with stronger policy and strategic foundations for mental health promotion and suicide prevention.

Onyemelukwe urged the National Assembly  to give the proposed amendment the necessary legislative attention and to recognise it as an important component of Nigeria’s broader public health,  mental health and suicide prevention agenda.

She added that at the same time, decriminalisation must be accompanied by investment in the systems required to respond effectively to suicidal distress.

” Legislative reform must be matched by accessible mental health services, trained health professionals, crisis response mechanisms, appropriate referral pathways, community-based support, responsible media reporting, public education and sustained implementation of the National Suicide Prevention Strategic Framework.”

While recognising the leadership of the Federal Ministry of Health and Social Welfare in advancing the process, Onyemelukwe acknowledged the contributions of the many institutions, professionals, civil society organisations, development partners and advocates who have supported the reform.

She said the TaskForce was established within a broader period of significant mental health reform in Nigeria.

“The National Task Force remains committed to seeing this reform through to enactment and effective implementation , and therefore calls on all stakeholders to remain engaged and to join us in completing these final stages of the reform.

“The objective is clear: to establish a legal framework in which suicide prevention is supported by law, people experiencing suicidal distress can seek help without fear of criminal prosecution, and Nigeria’s response to suicide is firmly anchored in public health, evidence, human rights and the protection of life,”she concluded.