Impacts of Criminalising Suicidal Attempts in Nigeria
According to a 2018 report published by the World Health Organization on global suicide, Nigeria ranked 72nd on the table with an estimated rate of 6.9 persons per 100,000 people. In 2019, the rate increased drastically to 9.0 per 100,000 people[1] placing the nation the eleventh highest country with suicide rate in Africa[2]. This is despite the extant and clear provisions of the law which forbids suicide or an attempt of it.
S. 327 of the Criminal Code Act (which applies to southern Nigeria provides that:
“Any person who attempts to kill himself is guilty of misdemeanor and liable to imprisonment for a year.”
Similarly, S. 231 of the penal code (applicable to Northern Nigeria) asserts that:
“Whoever attempts to commit suicide and does any act towards the commission of such offence shall be punished with imprisonment for a term which may extend to one year or with fine or with both.”
However, with statistics and rising cases of suicide, it is crystal clear that the law has failed in its primary objective of deterrence through punishment. Thus, it is high time alternatives like medical and social approaches be embraced to effectively tackle the issue of suicide in Nigeria.[3]
In light of the foregoing, this article examines the impact of criminalizing suicidal attempts in Nigeria and opines that attempted suicide be decriminalized as the issue is more of a cry for help than punishment. It then concludes with recommendations and suggestions which if adopted will assist in curbing the increasing rate of suicidal attempts in the country.
Attempted Suicide
The Centre for Disease Control and Prevention (CDC)[4] defines attempted suicide as when someone harms themselves with the intent to end their life but did not die as a result of their actions. In the same vein, the National Centre for Biotechnology Information (NCBI)[5] defines attempted suicide as a nonfatal self-directed potentially injurious behavior with any intent to die as a result of the behavior. It is estimated that about 20 percent of global suicides are done by self poisoning most of which occur in rural agricultural areas in low and middle income countries.[6] Other common methods include hanging, drug overdoses and use of firearms.[7]
At this juncture, it is expedient to state that suicidal attempt is never born out of the complete willingness of the mind but a result of mental or emotional degradation of the victim. Research has shown that about 90 percent of those who attempt suicide have mental health problems such as depression, bipolar disorder, schizophrenia, etc. This position is further affirmed by Karl Menninger: Crime of Punishment which states that: Those who commit crimes should not be regarded as criminals and condemned to punishment but sick people whose reasonability needs to be treated.
Impacts of Criminalising Suicidal Attempts in Nigeria
The effects of criminalizing suicidal attempts are multi dimensional. First, it turns a depressed and distressed individual who need some humanly pity and care into a criminal.[8] An example is Mr. Ifeanyi Ugokwe, who was arrested for attempted suicide. The victim stated that after weeks of being hungry and jobless, he reached his breaking point when a security guard pushed him while he was searching for work at a building site. Humiliated, he went to a nearby lagoon and jumped in. Unfortunately, his attempt failed as he was rescued by a fisherman and handed over to the police.[9]
Second, it may propel the person to attempt suicide again so as not to suffer legal consequences.[10] Due to the hard and cruel conditions associated with being held in Nigerian prisons, many suicide victims wonder why their attempt failed. This may make them loose hope completely and find all means to end their lives. Mr. Ugokwe said he contemplated suicide again due to the conditions he was held in.[11]
See also: Posh law in India
Lastly, it distracts the society from focusing on care and treatment.[12] In Ugokwe’s case, it was clear that hunger and unemployment were the main causes of his attempted suicide. Rather than getting his problem solved by providing for him the basic necessities of life he needed, his problem was compounded by putting him in prison and making him suffer more depression and hopelessness as a Nigerian citizen.
Flowing from the foregoing, it is unfair to consider attempted suicide as a crime as it prevents the victims from receiving the necessary help they need to avoid further attempts.[13] Also, the victims are stigmatized, leaving them with no hope of improved situations. Decriminalizing suicidal attempt will help remove the fear of stigmatization and allow the victims seek proper help and treatment when needed.[14] Research has shown that most that attempt suicide suffer from mental disorders and it would be patently unjust to punish the sick instead of caring for them.[15]
Lastly, legal deterrents only confront the deteriorating mental well being of the individual at the last stage — attempted suicide. Mental health assessment on the other hand could easily identify the earliest stages of suicidal intention and begin to treat it.[16]
Conclusion and Recommendations
It has been argued that suicidal attempts are more of mental degradation issues than a complete intent to commit a crime. Therefore, the criminal status given to victims of suicidal attempts is degrading to their human dignity and an abuse of their constitutional right.[17] As such, Nigeria’s suicide laws needs to be amended to reflect treatment and not punishment of victims of suicidal attempts. The Lagos state government, via its 2011 criminal law already made a move by providing hospitalization order in cases of attempted suicide.[18]
Furthermore, government must develop and implement culturally appropriate and evidence-driven preventive interventions against suicide and its attempt.[19]
Apart from government intervention, schools need to be involved in mental health to reduce suicide rates amongst students. This can be done by helping the students develop personal resilience: building life skills, improving self-esteem, and developing problem solving skills, embracing realistic optimism and even using spirituality.[20]
At the family and individual level, it is crucial to give and receive social support from one another as this will help distressed member of the family to cope with adversity.[21]
Finally, people with mental disorders and recent traumatic experiences should be adequately treated for early restoration of their well-being.[22]
Word Count- 1036, excluding footnotes
[1] Nigeria’s law makes it a crime to attempt suicide- there are better ways to prevent the tragedy by Adegboyega Ogunwale
[2] Nigeria ranked 15th in the world for suicide. Available at https://africachech.org
[3]The Nigerian law on suicide: a tragic Response to A cry for Help by Dr. Caroline Mbafan Ekpendu
[4] Centre for Disease Control and Prevention (CDC).Violence Prevention: Suicide. Available at https://www.cdc.gov/prevention/suicide/fastfact.html
[5] NCBI Resource, Definitions of suicide related terms. Available at https://wwwncbi.nim.nih.gov/books/NBK137739/table/ch1.t1/
[6] World Health Organization, Suicide. Available at https://www.who.int/news-room/fact-sheets/details/suicide
[7] The Nigerian law on suicide(supra)
[8] Nigeria’s law makes it a crime to attempt suicide- there are better ways to prevent the tragedy by Adegboyega Ogunwale
[9] Locked up for trying to take his own life, in a country where it’s a crime to attempt suicide by Stephanie Busari
[10] Nigeria’s law makes it a crime to attempt suicide(supra)
[11] (supra)
[12] Nigeria’s law makes it a crime to attempt suicide(supra)
[13] The Nigerian law on suicide: a tragic Response to A cry for Help by Dr. Caroline Mbafan Ekpendu
[14] supra
[15] Nigeria’s law makes it a crime to attempt suicide(supra)
[16] supra
[17] The Nigerian law on suicide(supra)
[18] Nigeria’s law makes it a crime to attempt suicide(supra)
[19] supra
[20] supra
[21] supra
[22] supra
Image credit: MOH
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