Justice Shuaibu: Attempted Suicide Nigeria Law Remains Criminal

• Justice Muhammad Lawal Shuaibu of the Court of Appeal stated that Nigerian courts must continue to enforce laws criminalizing attempted suicide.
• The judiciary is bound to apply existing statutes until the legislature formally amends or repeals the offense.
• The Federal Government is working to decriminalize attempted suicide and plans to present proposed reforms to the National Assembly.
• Justice Shuaibu emphasized that courts lack the power to suspend laws enacted by the legislative body.
• Therefore, attempted suicide remains a criminal offense under Nigerian law until legislative changes are officially enacted.

The judiciary is unequivocally bound to uphold and apply the nation's current statutes that criminalize attempted suicide.

Justice Muhammad Lawal Shuaibu, a distinguished member of the Court of Appeal, recently affirmed that the Nigerian judiciary is unequivocally bound to uphold and apply the nation's current statutes that criminalize attempted suicide. This declaration underscores the principle that judicial bodies operate within the confines of established law, irrespective of ongoing legislative reform efforts.

Justice Shuaibu's statement comes at a time when the Federal Government is actively pursuing the decriminalization of attempted suicide. His remarks serve as a crucial reminder that despite these governmental initiatives, the legal status of the offense remains unchanged until formal legislative action is completed. The judiciary's role, as articulated by Justice Shuaibu, is to interpret and enforce the law as it currently stands, not to preempt or suspend it based on proposed changes.

Under existing Nigerian criminal law, attempted suicide is classified as an offense, carrying specific legal consequences for individuals who engage in such acts. This legal classification means that until the relevant statutes are either amended or completely repealed, courts across Nigeria must continue to treat attempted suicide as a punishable crime.

The Court of Appeal Justice highlighted a fundamental aspect of the separation of powers: courts do not possess the authority to suspend or invalidate laws that have been duly enacted by the legislature. This principle is central to the rule of law, ensuring that legal changes originate from the appropriate legislative body. Therefore, any move to decriminalize attempted suicide in Nigeria must follow the prescribed legislative process, culminating in new laws passed by the National Assembly.

The Federal Government has indeed taken steps towards the decriminalization of attempted suicide in Nigeria, signaling a potential shift in the country's approach to mental health and criminal justice. This initiative involves preparing a proposed reform that will be presented to the National Assembly for consideration and enactment. Such a reform would aim to remove attempted suicide from the list of criminal offenses, aligning Nigeria with a growing number of nations that view such acts as public health issues rather than criminal matters.

However, as Justice Shuaibu's statement makes clear, the current legal reality for attempted suicide in Nigeria remains unchanged. The law will only be altered once the National Assembly successfully passes the proposed legislation. Until that legislative process is complete, the judiciary's obligation to apply the existing criminal provisions stands firm, meaning that attempted suicide continues to be an offense under Nigerian law.

Lawyers must continue to advise clients that attempted suicide remains a criminal offense under Nigerian law, despite ongoing legislative efforts to decriminalize it, and should monitor the National Assembly for any amendments or repeals to the relevant statutes.

Source: Reporting based on information from TheNigeriaLawyer.