The judiciary remains bound to apply Nigeria’s existing laws criminalising attempted suicide until the offence is amended or repealed by the legislature, a Justice of the Court of Appeal, Muhammad Lawal Shuaibu, has said.
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Justice Shuaibu spoke as the Federal Government moves to decriminalise attempted suicide and present the proposed reform to the National Assembly for legislative action.
He made the remarks during a virtual meeting titled, “The Big Three for One: Roles of Government Arms in Advancing Suicide Prevention,” organised by the Federal Ministry of Health and Social Welfare in collaboration with the National Taskforce on Decriminalisation of Attempted Suicide.
According to the appellate court justice, while government may pursue a policy of decriminalisation, the courts cannot on their own suspend or disregard legislation validly enacted by the legislature.
“The role of the court is to interpret the statutes,” he said, adding that the responsibility for prosecution rests with the appropriate prosecuting authorities.
Shuaibu noted that attempted suicide remains an offence under existing criminal laws and referred to previous cases in which courts imposed sentences on persons convicted of attempting suicide.
He, however, stressed that courts must take evidence of mental-health conditions into consideration when determining criminal liability, particularly because criminal responsibility generally requires the existence of the necessary intention.
The justice called for closer cooperation among the three arms of government, explaining that the executive and legislature must provide the policy and legal framework, while the judiciary interprets and applies the law that emerges from that process.
The discussion comes amid efforts by the Federal Government to change Nigeria’s legal approach to attempted suicide from punishment to treatment and support.
Chairman of the National Taskforce on Decriminalisation of Attempted Suicide, Prof. Cheluchi Onyemelukwe, argued that criminalisation is undermining suicide-prevention efforts by discouraging people in distress from seeking medical or psychological help.
She said experience from the Centre for Human Rights and Legal Development showed that although courts could exercise some discretion under the existing legal regime, legislative reform was required to provide a clearer framework centred on care.
Onyemelukwe cited a case in Lagos in which, according to her, a hospital reported a young man to the police after treating him following an attempted suicide, resulting in his arrest.
She said such situations create uncertainty for institutions and authorities, particularly because the National Mental Health Act provides for persons at risk of self-harm to be taken into care.
She therefore called for the decriminalisation of attempted suicide alongside implementation of the National Suicide Prevention Strategic Framework, restriction of access to means of suicide, expansion of crisis-care services and specialised training for justice-sector officials.
The Director-General of the National Institute for Legislative and Democratic Studies, Prof. Abubakar Sulaiman, represented by Eguatu Onyejelem, described the Federal Executive Council’s approval of the proposed reform as an important step.
He, however, said decriminalisation should be accompanied by effective crisis-intervention services, adequate funding and training for healthcare workers and first responders.
Sulaiman also advocated stronger cooperation among the executive, legislature and judiciary and offered NILDS’ support in legislative research and drafting as the proposed reform progresses.
According to him, removing criminal sanctions could also improve suicide reporting and data collection because people may be more willing to seek help without fear of arrest or prosecution.
“A suicide attempt is a signal of profound distress, and our response must be a hand extended in support, not a finger pointed in judgement,” he said.
Earlier, a former President of the Association of Psychiatrists of Nigeria, Prof. Taiwo Obindo, said Nigeria records about 16,000 suicide deaths annually, while about 90 per cent of those who die by suicide have a history of mental-health conditions.
Obindo identified depression as a major contributor and called for greater emphasis on early diagnosis, treatment, public enlightenment and sustained advocacy.
He also said countries that have decriminalised attempted suicide have not recorded an increase in suicide attempts simply because criminal penalties were removed.
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