Attempted suicide penalty: Reps seek to replace jail term with community service

The house of representatives is considering a bill seeking to replace the punishment for attempted suicide.

The proposed law, which is sponsored by Francis Waive, a lawmaker from Delta state, seeks to amend section 327 of the Criminal Code Act, 2004.

The section states that “any person who attempts to kill himself is guilty of a misdemeanour and is liable to imprisonment for one year”.

But the amendment seeks to replace the section to read thus: “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”.

Nigeria has recorded an increase in reported cases of suicide in recent years. According to a World Health Organisation (WHO) report, Nigeria lost over 17,000 lives to suicide in 2016 — the highest in Africa at the time.

Waive said penalising attempted suicide with one-year imprisonment is “hardly” prevention because cases are on the rise.

He said those who contemplate suicide have an “underlying mental and psychological disorder” and, as such, need counselling.

According to him, countries that have laws punishing “non-fatal suicidal behaviours” have repealed or revised such legislations and Nigeria should update its laws to match current reality.

“Suicide 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,” the legislator said.

“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 up to one year.

“This bill suggests that suicidal people are in need of effective treatment, counselling and assistance, not punishment. Penalising attempted suicide is hardly a prevention method. Instead, the law should direct the appropriate authorities to assist the traumatised 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.”

The bill passed second reading after it was put to a voice vote by Idris Wase, deputy speaker of the house.