Nigerian Senate Set to Tackles Legal Clash Between Mental Health Act, Suicide Laws

By Fatima Saka

The Nigerian Senate on Tuesday began moves to address conflicting legal provisions governing suicide attempts, passing a bill seeking to decriminalise the act for second reading and referring it to two committees for further legislative consideration.

The proposed legislation seeks to resolve the contradiction between Nigeria’s mental health framework, which recognises suicide attempts as emergencies requiring medical intervention, and existing criminal laws that prescribe punishment for people who attempt suicide but survive.

Sponsored by Sen. Asuquo Ekpenyong, representing Cross River South Senatorial District, the bill, SB 730, seeks to establish a framework for suicide prevention and provide rehabilitation for survivors.

Titled A Bill for an Act to Establish a Framework for Suicide Prevention, Decriminalise Attempted Suicide, and Provide for the Rehabilitation of Persons Who Attempt Suicide, and for Related Matters, 2026, the proposal was referred to the Senate Committees on Health (Secondary and Tertiary) and Judiciary, Human Rights and Legal Matters.

Leading the debate, Ekpenyong said Section 327 of the Criminal Code and Section 231 of the Penal Code criminalise attempted suicide, despite the National Mental Health Act recognising the need for appropriate intervention for people experiencing mental health emergencies.

He argued that the conflicting provisions could undermine efforts to provide timely treatment and support to people experiencing severe psychological distress.

According to the senator, fear of prosecution could discourage survivors from seeking medical assistance and lead families to conceal suicide attempts rather than report them to health professionals.

He maintained that people who survive suicide attempts should receive medical assessment, psychological support and rehabilitation instead of facing criminal prosecution.

The bill proposes a coordinated approach to suicide prevention, including crisis response mechanisms, referral services, public education and training for healthcare workers, teachers, law enforcement officers and emergency responders.

It also seeks to strengthen support systems for survivors and improve the identification of people at risk, while promoting access to appropriate medical and psychological services.

Ekpenyong, however, acknowledged that decriminalisation alone would not adequately address the problem without accessible healthcare, adequate funding and effective institutional arrangements.

Supporting the proposal, Sen. Dayo Faduyile, representing Ondo South, said suicide attempts should be treated primarily as medical emergencies, arguing that imprisonment would not address the underlying causes of psychological distress.

Sen. Abdul Ningi, representing Bauchi Central, also supported further consideration of the bill, stressing the need for professional input and broader public discussion on the social and psychological factors associated with suicide.

However, Senate President Godswill Akpabio questioned the proposal to remove criminal penalties, arguing that attempted suicide should remain punishable under the law.

Akpabio also called for a comprehensive debate involving relevant professionals and stakeholders, noting that the issue involved provisions of both the Criminal Code and the Penal Code.

Senate Leader Opeyemi Bamidele, representing Ekiti Central, also raised concerns about the application of criminal justice provisions across states, highlighting the need for lawmakers to examine the legal implications of the proposed reform.

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The passage of the bill for second reading allows the proposed legislation to proceed to further scrutiny by the relevant committees, where its provisions and legal implications can be examined in greater detail.

The committee stage is expected to provide an opportunity to consider how the proposed reform would align existing criminal laws with the National Mental Health Act and strengthen Nigeria’s suicide prevention framework.