Reps propose rational punishment for attempted suicide

Elizabeth AtimeMarch 13, 20243 min

Research has also shown a strong link between suicide and mental illness/disorder, however, it continues to be treated as a crime in Nigeria.

The House of Representatives is proposing a more rational punishment for attempted suicide offenders as it blames the act on harsh economic conditions.

This proposal was a sequel to a Bill sponsored by Rep. Francis Waive (APC, Delta) entitled: “A Bill for an Act to amend the Criminal Code Act Cap C38 LFN 2004, to provide for a more rational punishment for the offence of attempted suicide and for related matters.”

Leading debate on the Bill, Rep. Waiver said the current provision of Section 327 of the Criminal Code Act stipulates that any person who attempts to kill himself is guilty of a misdemeanour and is liable to imprisonment for one year.

The Delta lawmaker also pointed out some factors that lead people to commit suicide such as depression, substance abuse etc adding that there is a strong link between suicide and mental health.

“Defects of mental health such as; depression, long-term substance abuse disorder, schizophrenia (Inskip, Harris & Barraclough, 1998, p.35–37), mood disorder, psychosis and other psychiatric disorders are the most common risk factors linked to suicidal behaviour.

“Nearly one-third of suicidal attempts repeat the behaviour within a year and some of the attempters eventually commit suicide.”

“Mr. Speaker, Honourable Colleagues, suicides and attempts have been on the increase in Nigeria. This could be due to several reasons but primarily due to the harsh economic conditions of the average Nigerian. Research has also shown a strong link between suicide and mental illness/disorder, however, it continues to be treated as a crime in Nigeria. This means that a person who survives a suicide attempt will be harassed, arrested and punished by the state with an imprisonment term of not less than one year.

“This provision if not amended will be at variance and in conflict with the new National Mental Health Act 2021. Under which attempted suicide was categorized as a mental health problem and provides for sociopsychological treatment as a remedy. That is to say, where a person is charged with attempted suicide, with the current provisions of the criminal code, the court will be caught between two laws with conflicting provisions on the same subject matter.”

Rep. Waive who doubles as Chairman of Rules and Business said the provisions of the Bill also proposed counselling and treatment for persons who attempt to commit suicide.

Mr. Speaker, Honourable Colleagues, this bill suggests that suicidal people are in need of effective treatments, counselling and assistance and not punishment. Penalizing attempted suicide is hardly a prevention method instead the law should direct the appropriate authorities to assist the traumatized attempters.

“Self-destructive behaviour is often a cry for help since suicide is mainly an indication of underlying mental and psychological disorder. The criminal laws are better suited for prosecuting criminal acts not an exhibited call for help and act of distress

It is therefore imperative to substitute section 327 of the Principal Act which provides for a rash treatment for anyone who attempts suicide with a proposed amendment which provides as follows: “Section 327: Any person who attempts to kill himself is guilty of a misdemeanour and is liable to compulsory counselling and community service for a period not less than six months”, he submitted.

The Bill was passed for a second reading when the presiding officer, Speaker Tanjudeen Abbas put the question.

Elizabeth Atime

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