A bill looking for to decriminalise attempted suicide in Nigeria has handed second reading within the Senate, regardless of Senate President Godswill Akpabio insisting that individuals who survive suicide makes an attempt ought to stay liable to imprisonment.
Mr Akpabio introduced the passage of the bill
throughout Tuesday’s plenary after a majority of senators supported it by way of a voice vote.
The bill was subsequently referred to the Senate Committees on Health (Secondary and Tertiary) and Judiciary, Human Rights and Legal Matters for additional legislative motion.
The bill, sponsored the senator representing Cross River South Senatorial District, Asuquo Ekpenyong, seeks to decriminalise attempted suicide and set up a authorized framework for suicide prevention, remedy and assist for survivors of suicide makes an attempt.
It additionally seeks to deal with the battle between present prison legal guidelines that punish attempted suicide and the National Mental Health Act, which recognises the necessity for medical intervention in psychological well being emergencies.
Leading the controversy on the bill, Mr Ekpenyong argued that whereas the National Mental Health Act recognises attempted suicide as a psychiatric emergency requiring remedy, Section 327 of the Criminal Code and Section 231 of the Penal Code criminalise the act.
He mentioned the provisions had been contradictory and required legislative intervention.
The senator manitained that the bill seeks to interchange punitive measures with acceptable medical evaluation, remedy and persevering with assist for survivors of suicide makes an attempt.
He warned that criminalising attempted suicide may discourage individuals from looking for assist, encourage households to hide such incidents and forestall well being staff from reporting instances promptly.
He added that treating suicide makes an attempt as prison offences may deepen the stigma surrounding psychological well being circumstances and undermine efforts to acquire dependable information for nationwide suicide prevention programmes.
Debate
Most senators who participated within the debate supported the bill.
Dayo Faduyile, the senator for Ondo South and a medical physician, mentioned attempted suicide needs to be handled as a medical emergency somewhat than a prison offence.
He argued that melancholy and different psychological well being circumstances may impair an individual’s judgement, making remedy and restoration extra acceptable responses than punishment.
Mr Faduyile additionally famous that some individuals who survived suicide makes an attempt had subsequently died by suicide whereas in detention.
He warned that imprisonment or police custody couldn’t adequately tackle the underlying medical circumstances which may result in suicide makes an attempt.
“The best way to treat anybody who did not succumb to a suicide attempt is actually not to criminalise it. They need help,” he mentioned.
Bauchi Central Senator, Abdul Ningi, additionally argued that the circumstances surrounding suicide makes an attempt had been typically linked to psychological well being challenges and needs to be addressed by way of medical intervention somewhat than punitive measures.
However, Senate Leader Opeyemi Bamidele cautioned that some provisions of the Administration of Criminal Justice Act didn’t mechanically apply throughout all states, relying on the authorized frameworks adopted by their respective Houses of Assembly.
Mr Bamidele mentioned the Senate wanted to ascertain the extent to which the proposed modification would apply nationally earlier than continuing with the laws.
Akpabio insists on punitive measures
Responding to the controversy, Mr Akpabio argued that attempted suicide ought to stay punishable by imprisonment, warning that eradicating the penalties may encourage the act.
“If you attempt suicide, make sure you die. Anyone who attempts and fails will go to jail,” he mentioned.
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The senate president additionally referred to as for satisfactory enter from state Houses of Assembly, urging state lawmakers to specific their views on the bill throughout the public listening to to keep away from potential authorized conflicts.
What the regulation says
Under Nigeria’s present prison legal guidelines, attempted suicide stays a punishable offence, though the 1999 Constitution doesn’t expressly criminalise the act.
Section 327 of the Criminal Code Act offers for as much as one yr’s imprisonment for anybody who makes an attempt to take their very own life, whereas Section 231 of the Penal Code prescribes as much as one yr’s imprisonment, a nice or each. The relevant provisions and penalties might differ throughout jurisdictions.
The present authorized framework has, nevertheless, raised issues about its compatibility with the National Mental Health Act, 2021, which recognises attempted suicide as a psychiatric emergency requiring rapid intervention. The regulation defines psychiatric emergencies to incorporate attempted suicide and offers a framework for psychological healthcare and assist.
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