The case of a young man in Abuja who attempted suicide on Monday, 8th July 2024 has again brought to the fore, the urgent imperative for decriminalization of attempted suicide in Nigeria. The young man was promptly arrested and is culpable to face three count charges, according to the police spokesman. He will face charges under sections 231, 111, and 114 of the Penal Code Act, on attempted suicide, disturbance of public peace, and incitement. Thus, the discussions are now raging again about the need to decriminalize attempted suicide.
Case Scenario:
Aliu was depressed and started toying with the idea of simply going to sleep and not waking up again with thoughts of ending his own life. He bought some chemicals to take but just after taking them, he sent a message to his brother who rushed over to his house and took him to hospital. He was on admission for a few weeks, but he survived. He was informed that he had been going through a depressive episode and placed on treatment.
Within a few weeks, he was back to his formerly happy self and the dark clouds had disappeared. He was very grateful for the second chance and resolved to encouraging everyone else who may be suicidal not to act upon it but to seek for professional help. He knew he had been extremely lucky to have survived.
Burden of the problem
1 million people intentionally take their own lives every year, according to the World Health Organization (WHO), which translates to 1 suicide death every 40 seconds. Furthermore, attempted suicide is 20 times more prevalent, so, 20 million attempted suicides occur every year. The implication of these numbers is that every 2 seconds, someone somewhere on this planet attempts to intentionally take their own life.
It is therefore not a surprise that the WHO declared suicide a public health emergency in 2012. Suicide is preventable and everyone who attempts it needs urgent help and not punishment. But our extant law in Nigeria disagrees.
The Law and Attempted Suicide
The current criminal code, in Chapter 27, Section 327 of Nigeria states that "Any person who attempts to kill himself is guilty of a misdemeanor and is liable to imprisonment for one year". Unfortunately, Nigeria remains one of the few remaining countries that still criminalizes attempted suicide, instead of recognizing it as a cry for help and occurring frequently against the backdrop of mental ill-health – especially depression. But the Nigerian Law recommends that Mr. Aliu above, should be tried and sentenced to a 1-year imprisonment for attempting to take his own life.
Should we Continue to Criminalize or Decriminalize Attempted Suicide?
Some argue that the benefit of criminalizing attempted suicide is to serve as a deterrent by coupling it with punitive legislation that may dissuade those who may be considering suicide to jettison the idea. They argue that decriminalizing it will be akin to encouraging those with such thoughts to attempt it.
However, global evidence shows that criminalizing attempted suicide has not reduced rates of suicide in such countries compared to countries where it is now decriminalized. Indeed, rates tend to come down following decriminalization. Furthermore, it is more likely to drive persons who are suicidal to go underground for fear of arrest and prosecution. It can also motivate them to ensure they succeed with the attempt.
Even more importantly, we know that the majority of those who will attempt suicide are persons with background mental disorders, especially those experiencing depression. They need help and treatment and NOT punishment. A punitive legislative approach is inappropriate as it is inconceivable to propose punishing someone with a fracture or hypertension for negligence in looking after their health and criminalizing it as a misdemeanour that is punishable with one year imprisonment. If this scenario sounds ridiculous, it is similarly unreasonable to consider such an approach for someone who is depressed and who makes a suicidal attempt.
Way Forward
This debate further highlights the need for continued mental health awareness creation and the need for urgent efforts to decriminalize attempted suicide, in tandem with global best practices. It should be seen as a medical problem necessitating treatment and not as a crime. We need all hands-on deck to continue to push this narrative until positive action ensues.
The Asido Foundation (www.asidofoundation.com) joins other stakeholders to advocate strongly for decriminalization of attempted suicide in Nigeria. We call on the Attorney General of the Federation, Prince Lateef Fagbemi, SAN to use his immense goodwill and progressive leaning to push for the decriminalization of attempted suicide in Nigeria. All State Attorney Generals should also engage with their respective state Houses of Assembly to also do the needful at the state level.
Dr. Jibril Abdulmalik
Tribune Article for the column "Your Mental Health & You"
Thursday, 11th July 2024
Asido Foundation
www.asidofoundation.com
Asivuri Consulting
www.asivuri.com
