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