Criminal Code law: Reps propose 6 months community service for persons attempting suicide

The House of Representatives on Tuesday passed through second reading a bill which seeks to provide for compulsory counselling and community service for a period not less than six months for persons who attempt suicide.

The private member bill sponsored by Hon. Francis Waive seeks to amend the ‘Criminal Code Act Cap 2004, to provide for a more rational punishment for the offence of attempted suicide and for related matters.’

Leading the debate on its general principles, Hon. Waive explained that the propose legislation seeks to amend section 327 of the Criminal Code Act, 2004 which provides that: ‘Any person who attempts to kill himself is guilty of a misdemeanor and is liable to imprisonment for one year.’

While noting that section 327 of the Criminal Code provides for a rash treatment for anyone who attempts suicide, he however observed that the proposed bill “suggests that suicidal people are in need of effective treatments, counselling and assistance not punishment.

“Penalizing attempted suicide is hardly a prevention method instead the law should direct the appropriate authorities to assist the traumatized attempters.

Self-destructive behaviour is often a cry for help since suicide is mainly an indication of underlying mental and psychological disorders.

“The criminal laws are better suited for prosecuting criminal acts not an exhibited call for help and act of distress,” he noted.

He lamented that suicides and attempts have been on the increase in Nigeria, and could be due to several reasons but primarily due to the harsh economic conditions of the average Nigerian.

To this end, he proposed that any person who attempts to kill himself is guilty of a misdemeanour and is liable to compulsory counselling and community service for a period not less than six months.

According to him, “Suicides and attempts have been on the increase in Nigeria. This could be due to several reasons but primarily due to the harsh economic conditions of the average Nigerian.

“Research has also shown a strong link between suicide and mental illness/disorder, however, it continues to be treated as a crime in Nigeria. This means that a person who survives a suicide attempt will be harassed, arrested and punished by the state with an imprisonment
term of up to one year.

He maintained that suicidal people are in need of effective treatments, counselling and assistance not punishment. Penalizing attempted suicide is hardly a prevention method instead the law should direct the appropriate authorities to assist the traumatized attempters.

Also at the plenary, the House passed for second reading a bill which seeks to establish Federal Orphanage Regulatory Agency which shall be saddled with the responsibility of coordinating and regulating all forms of children under the care of Orphanage Homes or Centres, Corporate Affairs Commission certification for proper management especially monitoring and evaluating on their hygiene conditions, the total number of incoming Orphans demographically in the centres and outgoing of Orphans to any destination through record-keeping to avoid mismanagement or corruption within the Orphanage Homes generally and for related matters.’

In his lead debate, Hon. James Owolabi explained that the private bill will ensure a child’s right standard and needs with a less strenuous procedure to adopt a child.

He said: “it will interest you to know that many orphanage operators are not legally registered to operate because of the attention given most orphanage homes are still from the voluntary organisation, which has opened room for criminals to engage in these activities to carry out their evil intentions of child trafficking, baby factories and extortion of possible adaptors of the children.”

Hon. Owolabi who called for the House intervention expressed grave concern over the media reports on the discoveries, arrests and rescues by security agencies at baby factories as well as cases of missing children from orphanage homes and torture.

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