DECRIMINALIZATION OF ATTEMPTED SUICIDE IN NIGERIA;THE ROLE OF THE MENTAL HEALTH ACT 2021

Student: Chizaram Oluchukwu Ezeudenna
Supervisor: Prof Vincent Onome Akpotaire
HOD: Dr Nuraen Dindi
Department of Law
Law
Baze University, Abuja, Fct

Abstract

The study discussed the decriminalization of attempted suicide in Nigeria, with regards to the provisions of the Mental Health Act 2021. It provides among others the conceptual, historical and theoretical understanding of the topic vis-a-vis the evolution of the Nigerian criminal legal framework on attempted suicide. It also examined the implication of the existing criminal laws on the implementation of the decriminalizing intent contained in the provisions of Mental Health Act 2021. The study in arriving at its findings utilized the doctrinal method by examining the findings of existing authors on the subject of attempted suicide and its decriminalization. It also, as primary sources, examined the legal framework applicable to the offence of attempted suicide, with key focus on the Mental Health Act which called for a less punitive approach. The study at the summation of its discussions identified that attempted suicide, notwithstanding the provisions of the Mental Health Act 2021 is still substantively criminalized in Nigeria. More so, this study also finds that regardless of the Mental Health Act 2021 and its remarkable efforts towards decriminalizing attempted suicide in Nigeria, the existence of other frameworks like the Criminal Code and the Penal Code law of Northern Nigeria substantially impede its adequate implementation towards this end. This paper premised on these findings therefore advocated for the decriminalization of attempted suicide in Nigeria by proffering recommendations of workable legal and policy approaches towards improving the implementation of the Mental Health Act 2021 to this end. Keyword: Suicide, Offence, Decriminalize, Mental health, Attempted suicide...

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