Abstract
The article critically examines the position of Nigerian laws on death penalty, suicide and attempted suicide. While there has been a robust increase in the number of laws sanctioning death penalty in the country, it is yet to be seen how they have effectively accomplished the primary objective of addressing or reversing the respective crimes for which they were intended. For instance, the crime of kidnapping now attracts a death penalty in some States of the federation, but kidnapping rate still continues
unabated on daily basis from newspaper reports. Irrefutably, the Nigerian courts have affirmed the legality of death penalty. However, it is argued that since deterrence, which is one of the likely reasons for retaining the verdict under our statute books, is not serving any useful purpose, there is need for reforms regarding the imposition of death penalty in Nigeria. The article went further to define suicide as an intentional killing of oneself. Suicide is not only a public health issue but is also a personal tragedy that prematurely terminates the life of an individual and leaves consequential effects on the family, friends and the society generally. While suicide does not constitute an offence under Nigerian laws, it was discovered that an attempted suicide is criminalized. The article argues that this is rather faulty and lacks foundation in the principles of criminal law. Studies have associated suicide and attempted suicide with mental disorder. Thus, a person who attempts suicide should be entitled to a defence of insanity to escape from criminal liability. The article concluded that imposition of death penalty is not only a threat to the enjoyment of the right to life but also infringes on the right to dignity and freedom from torture, inhuman and degrading punishment. Thus, the article recommended, inter alia, that the Nigerian government and other relevant stakeholders should have a re-think on imposition of death penalty and the criminalization of attempted suicide in Nigeria. Rather than punishing a person who attempts suicide, the article further suggested that the government should provide care, treatment and rehabilitation that will transform the individual into a better person.
Keywords: Right to Life, Death Penalty, Suicide, Attempted Suicide, Defence of Insanity, the M’Naghten Rules