Nigeria and Malawi pursue decriminalisation of attempted suicide

Nigeria and Malawi are facing legislative challenges regarding the decriminalisation of attempted suicide as both nations attempt to transition from colonial-era punitive measures to mental health-focused care.

In Nigeria, the Federal Government has approved a position to decriminalise attempted suicide, aiming to replace criminal punishment with medical intervention and support. The Minister of State for Health and Social Welfare, Dr. Iziaq Salako, noted that Nigeria is among approximately 24 countries where attempted suicide remains a criminal offence under the Criminal Code Act. The matter is expected to proceed to the National Assembly for legislative action following the development of a Government White Paper by a dedicated National Task Force.

In Malawi, a conflict exists between the recently activated Mental Health Act and Section 229 of the Penal Code, which still imposes up to two years of imprisonment for attempted suicide. While the new Mental Health Act seeks to treat mental distress as a health emergency rather than a crime, the persistence of the penal code has led to instances where police continue to book individuals for attempted suicide. Activists are calling for the repeal of the conflicting penal laws to ensure survivors receive support instead of punishment.