Suicide remains illegal in Nigeria, with different rules for its 17 southern states under Section 327 of the Criminal Code - and its 19 northern states (including the Federal Capital Territory) following Section 231 of the Penal Code. Both regions prescribe a one-year jail term - with northern states having the option to impose fines in addition to imprisonment.

In the past, different ethnic groups in Nigeria used Islamic and tribal laws for handling crimes. Today, the Nigerian Constitution requires written laws to convict someone of a crime - invalidating unwritten forms of customary law at s 36(12), stating "a person shall not be convicted of a criminal offence unless that offence is defined and the penalty, therefore, is prescribed in a written law."

The result is that the Nigerian legal system has no uniformity of laws governing criminal law and procedure in the country. However, the criminal justice system in all the federation states is similar with some difference in the law applicable in the Northern and the Southern states."

Each state in Nigeria has the power to create criminal laws, resulting in the full implementation of Sharia law in 12 of the 19 northern states. In these states, the jurisdiction of Sharia courts extends to criminal law, mainly applying to Muslims, while non-Muslims are not typically subject to it.

For instance, Jigawa, a northern state, imposes a five-year punishment for attempted suicide under Subsection 231 of its Penal Code Law. Lagos, a southern state, treats attempted suicide as a "simple offence" and authorises courts to order hospitalisation under its 2011 Criminal Law.

Because the laws regarding attempted suicide differ from state to state, so do the penalties. In the Southern States, attempting suicide can result in a one-year jail term under Section 327 of the Criminal Code. In the Northern States, Section 231 of the Penal Code allows for up to one year in jail, a fine, or both. In contrast, Lagos State treats attempted suicide as a minor offence requiring hospitalisation under Section 235 of the Criminal Law.

The National Mental Health Act of 2021, enacted in January 2023, replaced the outdated Lunacy Act of 1958. The Act has been appreciated for its progressive language, respect for human rights, and emphasis on mental health promotion. The Act defines attempted suicide as a "psychiatric emergency" and permits involuntary admission for those at risk. It doesn't, however, decriminalise suicide, which contradicts the goals of the Mental Health Act

The Mental Health Act initiative was led by then State Commissioner for Public Health Dr Jide Idris, whose support for suicide prevention also saw Lagos launch suicide helplines.

Quote: "Governance, Vision and Passion. If we do not have these three, then there's not much that can be done in the Nigerian health sector."

• Lagos State Commissioner for Health, Dr. Jide Idris

Since the pandemic, there has been increasing concern about the rising number of suicides in Nigeria. It has become increasingly difficult to ignore the broad cross-section of society being affected, including politicians and police.

A study by Akpambang and Oniyinde (2019) found that the police have little interest in arresting and prosecuting suicide attempts. Of 59 police officers in the study, 39 believed attempted suicide laws should be repealed. Most officers had a negative impression of criminalisation. They did not consider suicide attempts a crime based on their personal beliefs.

Despite frequent arrests related to suicide attempts, convictions are rare in Nigeria, as Magistrates have shown little interest in convicting attempts.

Early 2022 saw the introduction of a bill into the Nigerian Parliament by Francis Waive (PDP, Delta) to amend s 327 of the Criminal Code Act. The bill sought to change the punishment for attempted suicide under the Criminal Code from one year in prison to "six months of community service and counselling."

The proposed changes were opposed by Suicide Is No Solution, a local anti-suicide charity, which "emphasised that the proposed six months community service is still a punishment for persons with underlying mental and psychological disorders."

As of 3 March 2022, the bill had "passed for the second reading" in the House of Representatives. There have been no significant updates since this occurred.

To move future bills forward, there is a strong need to engage community and religious support through entities such as civil society organisations, faith groups and community clubs. Academics at colleges and universities can help build an evidence base for the campaign.

The example of the Lagos State can be used to provide guidance into how meaningful reform can be achieved in the Nigerian context.

Nigeria is a signatory to two significant international agreements:

1) The International Covenant on Economic, Social and Cultural Rights (ICESCR) in which Nigeria agrees to ensure that "States… take adequate measures, without violating their other Covenant obligations, to prevent suicides."

2) The International Covenant on Civil and Political Rights (ICCPR), which recognises "the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.”

In October, 2023, Nigerian Mental Health, a local civil society organisation, again called on the country’s lawmakers to repeal laws that currently penalise citizens who try to take their lives with a one-year jail term. The policy brief, which was launched in September, was in commemoration of National Suicide Prevention Awareness Month.

Nigeria does not have a National Suicide Prevention Strategy as recommended by the World Health Organisation.

Currently there are five crisis lines in Nigeria.