As we observe Mental Health Awareness Month, it’s important to not only promote understanding and compassion—but also to highlight the legal rights of those living with mental health conditions. In Nigeria, the legal system offers several protections grounded in constitutional, statutory, and criminal law frameworks. But how well do we know them?
At Law FM 103.9, we believe in breaking the silence and strengthening the law’s role in defending the dignity and rights of every Nigerian, regardless of mental health status. Let’s explore the laws that protect mental wellness and promote justice.
1) THE CONSTITUTION: A FOUNDATION OF PROTECTION
The 1999 Constitution of the Federal Republic of Nigeria (As Amended) does not expressly mention mental health, but it offers vital protections through its fundamental human rights provisions:
- RIGHT TO LIFE (SECTION 33): Everyone, including those with mental health conditions, has the right to life and should not be subjected to life- threatening neglect or abuse.
- RIGHT TO DIGNITY (SECTION 34): This includes freedom from torture, inhuman or degrading treatment—an important safeguard in psychiatric care and traditional healing contexts.
- RIGHT TO PERSONAL LIBERTY (SECTION 35): Any restriction on a person’s freedom, such as involuntary psychiatric admission, must follow due process.
· FREEDOM FROM DISCRIMINATION
(SECTION 42): protects individuals from being treated unfairly due to their health status, including mental illness.
2) DISABILITY LAW: THE DISCRIMINATION AGAINST PERSONS WITH DISABILITIES ACT, 2018
This progressive legislation defines disability broadly, covering psychosocial and intellectual disabilities, which includes many mental health conditions.
Key protections include:
- Equal access to employment, education, and public
- Prohibition of discrimination in housing, health care, and other sectors
- Creation of the National Commission for Persons with Disabilities to monitor and enforce these rights
This Act marks an important step in recognizing the equal status of all citizens, regardless of mental or physical condition.
3) THE MENTAL HEALTH ACT, 2021 (SIGNED INTO LAW IN 2023)
For over 60 years, Nigeria relied on the outdated Lunacy Act of 1958, which treated mental illness more as a threat than a health concern. The new Mental Health Act, signed into law in January 2023, replaced that colonial relic with a rights-based approach.
Highlights of the Act include:
- Standards for mental health care facilities and services
- Protection of the rights of persons receiving mental health care—including informed consent, confidentiality, and humane treatment
- Prohibition of discrimination in workplaces, schools, housing, and health institutions
- A shift toward community-based care, away from institutionalization
This Act affirms that people with mental illness deserve the same protections as everyone else— and that mental health is a public health priority.
4) INTERNATIONAL SAFEGUARDS: THE UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES (CRPD)
Nigeria ratified the CRPD in 2007, which legally binds the country to uphold the dignity and human rights of persons with disabilities, including those with mental health conditions.
The CRPD requires governments to:
- Recognize the legal capacity of persons with
- Protect against forced
- Promote access to education, healthcare, employment, and
- Support independent living and inclusion in the
The Convention emphasizes equality and autonomy—two principles that must guide all mental health reforms.
5) CRIMINAL LAW PROTECTIONS: THE CRIMINAL CODE AND PENAL CODE
Both the Criminal Code (Southern Nigeria) and Penal Code (Northern Nigeria) acknowledge that persons with mental illness may not be fully responsible for their actions, offering legal safeguards in criminal proceedings.
A) Criminal Code Act (Cap C38 LFN 2004)
- Section 28 – Defence of Insanity: A person is not criminally responsible if, at the time of the act, they were suffering from mental illness and could not understand what they were doing or that it was wrong.
- Section 223 – Infanticide: Recognizes that postpartum mental disorders can reduce a murder charge to infanticide where a mother kills her child under 12
- Section 230 – Detention at the Governor’s Pleasure: Allows for psychiatric detention of those found not guilty by reason of insanity—though concerns remain over indefinite confinement without periodic review.
B) Penal Code (Applicable in Northern Nigeria)
- Section 51 – Unsound Mind: Mirrors Section 28 of the Criminal Code, exempting persons of unsound mind from criminal
- Section 53 – Involuntary Intoxication: Offers protection where intoxication leads to mental incapacity and was not self-induced.
- Section 309 – Infanticide: Acknowledges mental disturbance post-childbirth in determining culpability for mothers.
These provisions aim to balance justice with compassion, recognizing that mental illness can impair judgment and responsibility.
6) ONGOING CHALLENGES AND THE WAY FORWARD
While the laws are evolving, several issues remain:
- Stigma still prevents many from seeking help or speaking out
- Law enforcement and judicial officers often lack training on how to treat mental health cases humanely
- Many psychiatric detainees remain confined without regular reviews or access to care
- Mental health infrastructure and funding are still grossly inadequate
- We must move from legal theory to practical enforcement—and from token policies to real change.
CONCLUSION: THE LAW MUST HEAL, NOT HARM
Mental health is a legal issue. It’s a human rights issue. It’s a national development issue. As we observe Mental Health Awareness Month, remember that the law is not just a tool of punishment—it is also a shield for the vulnerable.
At Law FM 103.9, we urge:
- Greater public awareness of mental health
- Stronger enforcement of existing
- Comprehensive legal education for health workers, police, and
- Compassionate, rights-based reforms to protect those living with mental health conditions
If you or someone you know is facing mental health challenges, know this: you have rights, and the law is there to protect you.
