Issue #1 - The one about the Criminalization of suicidal attempts in Nigeria
‘Orí bíbẹ́ kọ́ ni oògùn orí fífọ́.’
This Yoruba proverb, literally translating to ‘cutting off the head is not a cure for headache’ implies that one should adopt radical measures with caution. In the same vein in which an unripe plantain is no easy snack and one would not beat a bad-behaved child to death out of anger, diplomacy often trumps irrationality in all facets of life.
Context - The criminal Code of the Federal Republic of Nigeria states inter alia, in Chapter 27, Section 327: “Any person who attempts to kill himself is guilty of a misdemeanor, and is liable to imprisonment for one year”.
It was a cold Thursday morning in December 1991. The buildings were shrouded in fog with the cold air so sharp it almost cuts the skin. My father still remembers that cold morning like yesterday. He reckons that the news came like a bolt from the blue. With stuffy nose and cracking lips, he was barely awake when he heard the knock on the door. It was such an odd time for friends to visit that he almost mistook the knock for the sound of the Muaddin calling to prayer just before dawn. He couldn’t believe what Mutiu had to say when he finally opened the door. Similar to how Mahmud told him, Mutiu had come to inform my dad that Ganiyu, a mutual friend of theirs was found dead the night before. Quite introverted, Ganiyu wasn’t one to talk in public gatherings. However, there was never a dull moment around Ganiyu for his close friends. In my father’s narration of Ganiyu’s life, he recounted that Ganiyu would often say things those who weren’t close to him wouldn’t believe he could have. While most of his jokes were expensive, some were just flat-out funny. He would have been twenty-one later that month. As pained as my father was about the loss of his dear friend, that pain was nothing compared to the emptiness he felt by virtue of the manner of his death. Ganiyu had hung himself right after leaving an ‘I am sorry it had to come to this’ note on the centre table in his family’s living room. They later found out that Ganiyu had gotten a lady pregnant two months earlier and scared of his parent’s reaction – disapproval, he took what he thought to be the only way out.
I brought this up because in three decades, the fundamental mind of a suicidal homosapien has not changed. The suicide victim still feels hopeless, helpless and suffers low self-esteem. More importantly, the suicidal homosapien would stop at nothing in their attempt to find a way out as they already thinks taking their own life is the only way to stop their misery. As with Ganiyu’s umpteen attempts to get the lady to abort the pregnancy, the suicidal homosapien makes efforts to get the problem to go. All to no avail. And then, they finally resort to taking their own life. They are convinced that committing suicide would end their pain without realizing that taking their own life only transfers the pain unto their close relatives and friends. Or maybe, they do realize. However, they could not possibly care less as they have already made their decision.
The decriminalization of suicidal attempts in Nigeria is a hot topic amongst mental health enthusiasts. Arguments about it usually revolve around the credence that suicide and the attempt is often a symptom of mental illness and psychological trauma. Ergo, a person who survives a suicide attempt does not deserve to be arrested or punished by the state with an imprisonment term of up to one year, as is the law in Nigeria. The general consensus is that a failed suicide attempter would be better off when treated medically rather than being treated as a criminal. I think they make a valid point. After all, no one in their normal state of mind should see ending their life, however dreadful that existence may seem as the next logical course of action. At the same time, arguments supporting the criminalization by far-left members of the society usually stems from religious, moral and cultural concerns. They often argue that people do not choose when they are born and that their main duty is to live their life till death finally takes its course. According to this argument, a person is expected to wait for his/her destiny rather than seek to end it. They even go as far as arguing that suicide is equivalent to murder (of oneself) and should be treated as such in the court of law. Therefore, no matter the justification for such, suicide is never an admissible means for dealing with personal problems.
Whilst I agree with the last point, personally, I strongly believe that the criminalization of failed suicide attempts is as unnecessary as is ineffective and as such, should go. I am of the opinion that a person who attempts suicide needs society’s sympathy, understanding and assistance, not imprisonment for failed attempts. The idea of punishing people for crimes in general usually have five major purposes – deterrence, incapacitation, rehabilitation, retribution and restitution. None of which applies to failed suicide attempts. Firstly, how many people, with intention of killing themselves actually worry about whether or not they will be punished by the law if they were unsuccessful? At that point, they are more concerned with no longer living. As such, one would agree with me that the punishment does not discourage suicide. On the other hand, incapacitation as a motive for punishing offender implies sending an offender to prison to protect society and prevent that person from committing further crimes. Unfortunately, the Nigerian prison is hardly the place to prevent anyone from committing suicide. Hence, nullifying incapacitation as grounds for such punishment. While the same reasoning annuls rehabilitation as basis for such punishment, retribution and restitution simply does not apply to suicide.
In conclusion, it is however important not to mistake my belief that suicide should be decriminalized for support of suicide. Regardless how deep-rooted ones problem might seem, suicide should never be an option. Ultimately, the same logic that makes us seek medication rather than decapitation when we have a migraine headache should apply to suicide survivors. If the state wishes to reduce the number of suicide cases recorded annually, rather than harassing, arresting and punishing these survivors, logic dictates that they should be sent to a psychologist, not prison. As such, the primary purpose of making suicide illicit should not be to impose punishment, but to impose professional help in form of psychological treatment on those who attempt suicide but survive.
That’s it for today. See you next month!
Huge thanks to Abdullahi, Anthony, Khadijat, Rukky, Sarah and Yosola without whom this newsletter would not have made it to your inbox.
Ciao.
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Lagos, Nigeria