A Senior Advocate of Nigeria (SAN), Asiwaju Kunle Kalejaye, has called on the National Assembly to decriminalise attempted suicide in Nigeria, arguing that survivors should receive medical attention and rehabilitation rather than face arrest, prosecution and imprisonment.
Kalejaye made the call while commenting on the Suicide Prevention Bill sponsored by Senator Asuquo Ekpenyong, which scaled its second reading in the Senate on October 13, 2026.
The proposed legislation seeks to repeal Section 327 of the Criminal Code Act and Section 231 of the Penal Code, which criminalise attempted suicide and prescribe imprisonment for offenders.
According to the legal practitioner, the bill presents an opportunity for Nigeria to move away from punitive colonial-era laws and adopt a more compassionate, health-focused approach to suicide prevention.
He argued that individuals who attempt suicide are often experiencing severe psychological distress and should be treated as people in need of urgent medical intervention rather than criminals deserving punishment.
Kalejaye, however, noted that the proposed reform had encountered opposition during the Senate debate, particularly from Senate President Godswill Akpabio, who reportedly expressed concern that removing criminal penalties could encourage suicide attempts.
Akpabio was quoted as saying, “If you attempt suicide, make sure you die. Anyone who attempts and fails will go to jail.”
The Senate President was also reported to have raised concerns about the involvement of state Houses of Assembly in any proposed changes to the existing legal framework.
Responding to the arguments against decriminalisation, Kalejaye maintained that threatening suicide survivors with imprisonment was unlikely to deter people experiencing acute mental health crises.
He warned that criminalisation could discourage survivors and their families from reporting incidents or seeking professional assistance for fear of prosecution.
The lawyer further linked the need for reform to Nigeria’s prevailing socio-economic challenges, including inflation, unemployment, rising living costs and widespread financial hardship.
He argued that the psychological consequences of these pressures should not be compounded by criminal punishment when affected individuals require medical care and support.
On the constitutional implications, Kalejaye said the imprisonment of suicide survivors raised serious questions about the protection of fundamental rights under Chapter IV of the 1999 Constitution.
He specifically cited Section 34, which guarantees the right to dignity of the human person, arguing that detaining or imprisoning someone who has survived a severe psychological crisis could amount to degrading treatment.
He also addressed the possible reliance on Section 45 of the Constitution, which permits certain restrictions on fundamental rights in specified circumstances, including public safety, public order and public health.
According to him, invoking public health considerations to justify the imprisonment of suicide survivors would undermine the purpose of providing care and protecting vulnerable individuals.
Kalejaye urged lawmakers to examine the experiences of other African countries that have moved away from criminalising suicide attempts.
He cited Kenya, where the High Court reportedly struck down laws criminalising attempted suicide in January 2025.
In the ruling, Justice Lawrence Mugambi held that punishing individuals for suicide attempts violated human dignity and amounted to discrimination based on health status.
The lawyer also highlighted the role of Kenyan mental health activist Charity Muturi, who was among those involved in the legal campaign for decriminalisation. Muturi reportedly died by suicide two months before the landmark judgment.
Kalejaye further pointed to Ghana, which enacted the Criminal Offences (Amendment) Act, 2023, to remove criminal penalties for attempted suicide and redirect the response towards mental healthcare.
However, he noted concerns about Ghana’s approach, particularly the criticism surrounding the classification of suicide survivors as persons with a severe mental disorder, which critics argue could reinforce stigma and discrimination.
As the Nigerian bill proceeds to Senate committees for further consideration and public hearings, Kalejaye urged lawmakers to develop legislation that balances suicide prevention with the protection of human rights.
He suggested that the law could retain penalties for third parties who aid, abet or encourage suicide while ensuring that survivors themselves receive appropriate medical treatment and rehabilitation.
The legal practitioner stressed that decriminalisation should not be interpreted as condoning self-harm but as recognising suicide attempts as serious situations requiring professional intervention and a supportive healthcare system.
He maintained that Nigeria should prioritise compassion, dignity and access to mental health services over punitive measures against vulnerable citizens.
Kalejaye is associated with Eagle 102.5 FM, Ilese-Ijebu.
