The judiciary remains bound by Nigeria’s existing laws criminalising attempted suicide until the offence is amended or repealed through the legislative process, Justice Muhammad Lawal Shuaibu, of the Court of Appeal, has said.
Shuaibu spoke as the Federal Government moves to decriminalise attempted suicide and take its proposal to the National Assembly for legislative action.
Speaking at a virtual meeting, titled: “The Big Three for One: Roles of Government Arms in Advancing Suicide Prevention,” organised by the Federal Ministry of Health and Social Welfare and the National Taskforce on Decriminalisation of Attempted Suicide, he said courts cannot suspend a law enacted by the legislature.
“The role of the court is to interpret the statutes,” he said, stressing that prosecution is the responsibility of the appropriate prosecuting authorities.
He noted that attempted suicide remains an offence under existing criminal laws and cited previous cases in which courts imposed sentences on persons convicted of attempting suicide.
Shuaibu, however, said courts must consider evidence of mental-health conditions when determining criminal liability, noting that criminal responsibility generally requires the requisite intention.
ALSO READ: Makinde rejoices as abducted Oyo corps members regain freedom in Imo
He urged greater coordination among the executive, legislature and judiciary, saying the executive and legislature must establish the policy and legal framework, while the courts interpret and apply the resulting laws.
Chairman of the National Taskforce on Decriminalisation of Attempted Suicide, Prof. Cheluchi Onyemelukwe, said Nigeria’s criminalisation of attempted suicide is hampering suicide prevention by discouraging people from seeking help.
She said experience from the Centre for Human Rights and Legal Development (CHELD) showed that courts could exercise discretion within existing law, but legislative reform was needed to create a clearer framework for care.
Onyemelukwe cited a Lagos case in which, according to her, a hospital reported a young man to the police after treating him for attempted suicide, leading to his arrest.
She said this created uncertainty for authorities, particularly because the National Mental Health Act provides for people at risk of self-harm to be taken into care.
She called for decriminalisation, implementation of the National Suicide Prevention Strategic Framework, means restriction, crisis-care services and training for justice-sector officials.
Director-General of the National Institute for Legislative and Democratic Studies (NILDS), Prof. Abubakar Sulaiman, represented by Eguatu Onyejelem, said the Federal Executive Council’s approval of the proposed reform was a major step, but urged the government to back decriminalisation with crisis-intervention services, funding and training for healthcare workers and first responders.
Sulaiman also called for stronger collaboration among the executive, legislature and judiciary, offering NILDS support in legislative research and drafting.
According to him, decriminalisation could also improve suicide reporting and data collection by encouraging people to seek help.
“A suicide attempt is a signal of profound distress, and our response must be a hand extended in support, not a finger pointed in judgement,” he said.
Earlier, former President of the Association of Psychiatrists of Nigeria, Prof. Taiwo Obindo, said Nigeria records about 16,000 suicide deaths annually, with about 90 per cent of those who die by suicide having a history of mental-health conditions.
Obindo said depression was a major contributor to suicide and called for early diagnosis, treatment, public enlightenment and advocacy.
He also said countries that have decriminalised attempted suicide have not recorded an increase in suicide attempts as a result of the reform.
WATCH TOP VIDEOS FROM NIGERIAN TRIBUNE TV