By Angela Uwandu Uzoma-Iwuchukwu

The National Suicide Prevention Bill, 2026, offers Nigeria an opportunity to align its criminal laws with its human rights obligations and the evidence on suicide prevention. As the bill advances through the National Assembly, lawmakers must ensure that people who survive suicide attempts receive appropriate care rather than face criminal prosecution.

On October 13, 2026, the Senate passed the National Suicide Prevention Bill (SB. 730) on second reading. During the debate, Senate President Godswill Akpabio reportedly opposed its central reform, stating: “If you attempt suicide, make sure you die. Anyone who attempts and fails will go to jail.”

The remark has drawn public concern and brought renewed attention to a fundamental question: should a person who survives a suicide attempt be treated as an offender or someone in need of urgent medical and psychosocial support?

Nigeria’s existing legal framework makes this question particularly pressing. The bill provides an opportunity to reconsider laws that criminalise attempted suicide and establish a coordinated national approach to prevention.
An inconsistent legal framework

Under Section 327 of the Criminal Code and Section 231 of the Penal Code, attempted suicide is punishable by imprisonment of up to one year. These provisions derive from colonial-era legislation; the United Kingdom repealed its equivalent offence through the Suicide Act 1961.

Their continued existence sits uneasily alongside Nigeria’s National Mental Health Act and the broader recognition that suicidal distress requires appropriate assessment, treatment and support.

The contradiction is clear: a person may need emergency medical attention while simultaneously facing the prospect of arrest and prosecution. Such a framework risks discouraging people from seeking help and places additional burdens on individuals and families already experiencing severe distress.

Sponsored by Senator Asuquo Ekpenyong of Cross River South, the National Suicide Prevention Bill seeks to address this inconsistency. Clause 18 provides for the repeal of the relevant provisions of the Criminal and Penal Codes. Part II establishes rights for people who have attempted suicide, including confidentiality, informed consent, access to legal representation and protection against torture and cruel, inhuman or degrading treatment.

The bill also proposes a Suicide Prevention Unit, national and state surveillance systems, 24-hour crisis helplines and mandatory training for healthcare workers, law enforcement officers and correctional personnel.

During the Senate debate, Senator Dayo Faduyile, a medical doctor, reportedly noted that some survivors had subsequently died by suicide while in detention. His observation underscores the importance of ensuring that emergency responses are equipped to protect life and address psychological distress.

The bill has been referred to the Senate Committees on Health and on Judiciary, Human Rights and Legal Matters for further consideration and a public hearing.

Nigeria’s human rights obligations
The case for reform extends beyond health policy. Nigeria’s constitutional and international human rights commitments require the state to protect human dignity and facilitate access to appropriate healthcare.

Article 12 of the International Covenant on Economic, Social and Cultural Rights recognises the right to the highest attainable standard of physical and mental health. This obligation includes addressing barriers that prevent people from obtaining necessary care.

Nigeria is also a party to the Convention on the Rights of Persons with Disabilities, which provides safeguards against discrimination and supports access to healthcare. Article 16 of the African Charter on Human and Peoples’ Rights, domesticated in Nigerian law, recognises the right to health, while Article 5 protects human dignity and prohibits torture and cruel, inhuman or degrading treatment. Section 34 of the 1999 Constitution, as amended, similarly guarantees the right to dignity of the human person.

Criminalising attempted suicide can undermine these protections when fear of arrest, prosecution or public humiliation prevents survivors from accessing treatment. Detention may also intensify psychological suffering, particularly where correctional facilities lack appropriate mental health services.

UN human rights experts have raised concerns about the compatibility of criminalising suicide attempts with international human rights standards, including the protections against cruel, inhuman or degrading treatment.
The World Health Organisation has also identified decriminalisation as an important measure in strengthening suicide prevention and advancing the Sustainable Development Goal target of reducing suicide mortality by one third by 2030.

Nigeria should, therefore, assess its criminal laws against both its human rights commitments and its public health responsibilities.

What the evidence tells us
The argument that criminal penalties deter suicide is not supported by compelling evidence. Suicidal behaviour can arise amid severe psychological distress, trauma, social isolation and economic hardship. The threat of imprisonment does little to address these underlying circumstances.

Research examining suicide laws across countries has associated punitive legal frameworks with higher, rather than lower, suicide rates. Studies of decriminalisation in jurisdictions including Ireland, Sri Lanka, Canada and New Zealand have not established that removing criminal penalties leads to an increase in suicide.

These findings do not suggest that decriminalisation alone will prevent suicide. They demonstrate why prevention policy should focus on accessible healthcare, early intervention and sustained support rather than punishment.

Criminalisation can also undermine the information needed to develop effective interventions. Survivors and their families may conceal attempts for fear of legal consequences or stigma. Healthcare professionals may consequently receive incomplete information, while official records fail to capture the full extent of suicidal distress.

Reliable data is essential for identifying patterns, directing resources, training emergency responders and evaluating prevention programmes.

Figures cited during the Senate debate placed annual suicide deaths in Nigeria at approximately 16,000. Such estimates should be interpreted cautiously, given the difficulties of recording and reporting suicide deaths. Nevertheless, they highlight the need for a coordinated national response.

International practice provides useful precedents. Ghana decriminalised attempted suicide in 2023, offering a particularly relevant example from West Africa. Guyana, Pakistan and Malaysia have also removed criminal penalties.

Nigeria can draw lessons from these reforms while accounting for its own legal structure, healthcare capacity and social context. Decriminalisation must be accompanied by practical measures that enable people to obtain help when they need it.

Addressing concerns about the bill
Concerns that decriminalisation could encourage suicide should be examined against the available evidence. Removing criminal penalties does not endorse suicidal behaviour or diminish the state’s responsibility to protect life. It changes the legal response so that prevention, assessment, treatment and follow-up can take precedence over prosecution.

Religious and moral considerations also deserve attention. Nigeria’s faith communities play an influential role in shaping attitudes towards mental health and can help identify people at risk, reduce stigma and connect them with appropriate services. Respect for the sanctity of life is compatible with ensuring that people experiencing profound distress receive support rather than condemnation.

Questions about federal and state legislative competence require equally careful consideration. During the Senate debate, concerns were reportedly raised about the bill’s application across states, particularly in relation to the operation of the Penal Code in northern Nigeria.

These issues should be addressed through legal scrutiny and consultation with the relevant authorities. The National Assembly should work with state governments and Houses of Assembly to identify the necessary reforms and ensure that the removal of criminal penalties is effective across the country.

From legislative reform to effective prevention
Passing the bill would be an important step, but its impact will depend on implementation. Lawmakers should prioritise five measures during the committee stage and subsequent legislative process.

First, repeal the relevant criminal provisions. Section 327 of the Criminal Code and Section 231 of the Penal Code should be addressed without introducing substitute criminal sanctions for attempted suicide.

Second, invest in accessible services. Crisis helplines, community-based mental healthcare, emergency referral systems and affordable treatment must be available across the country. Removing criminal penalties without expanding access to care would leave significant gaps in the prevention framework.

Third, safeguard patients’ rights. Mental healthcare should respect confidentiality, informed consent, non-discrimination and human dignity, subject to applicable legal safeguards.

Fourth, train frontline responders. Healthcare workers, police officers, teachers, social workers and correctional personnel should be equipped to recognise signs of distress, respond appropriately and refer individuals to qualified professionals.

Fifth, involve affected communities. Public hearings should include people with lived experience of suicidal distress, their families, mental health professionals, civil society organisations and religious and community leaders. Their contributions can help ensure that the legislation reflects the realities of those it is designed to protect.

The government should also establish reliable monitoring and data collection systems, with appropriate confidentiality protections, to assess the effectiveness of prevention measures and guide future policy.

A test of legislative commitment
The National Suicide Prevention Bill presents Nigeria with an opportunity to modernise its approach to suicide prevention and bring its laws into closer alignment with its human rights obligations.

The concerns raised during the Senate debate deserve serious consideration, but they should lead to stronger legislation rather than indefinite delay. Lawmakers must resolve questions of legal competence, strengthen safeguards and ensure that the proposed national framework is adequately funded.

A person who survives a suicide attempt should be able to seek medical attention without fearing criminal prosecution. Families should be able to request assistance without being driven into secrecy, and healthcare professionals should be supported in delivering appropriate treatment.

The committee stage will determine whether the Senate’s initial action translates into meaningful reform. By repealing punitive provisions and investing in prevention, treatment and community support, Nigeria can replace an outdated legal approach with one that better protects life and human dignity.

The choice before lawmakers is not between approving and encouraging suicide. It is between a criminal response that can obstruct access to care and a public health framework designed to prevent deaths and support recovery.
Nigeria should seize this opportunity to make its laws serve the people they are meant to protect.

Uzoma-Iwuchukwu is the Country Director of Avocats Sans Frontières France (Lawyers Without Borders).