Proposed Mental Health Law In Nigeria Protects Patients From Sexual Abuse, Others

Mental health patients in Nigeria are going to have a new lease of life if the bill on mental health now before the National Assembly is passed and becomes law.

The bill tittled: “Mental Health And Substance Bill” seeks to enhance and regulate mental health services in the country.

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Sponsored by Sen. Oloriegbe, Yahaya Ibrahim of Kwara Central, the bill also seeks to establish a National Commisson for Mental Health and Substance Abuse Services that will make policies to protect the rights and freedoms of persons with mental ill- health and substance use related disorders.

The bill has provided penalities for six crimes against mental stipulates that defaulters will pay a minimum of N50,000 as fine.

Operating a facility without a license

The bill has clearly stated that treatment centres for mentally ill persons that operate without a valid license will be fine at least N100, 000.

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“A person who contravenes the provisions of subsection (1) of this section commits an offence and is liable on conviction, in the case of a Private Hospital or Facility to a fine of not less than N100, 000.00 and the owner of the facility to a fine of not less than N50,000.00.”

Violation Of The Right Of Persons Under This Act

The bill which seeks to protect the freedom of mentally ill persons also states that anyone who violates the right of the patient will be convicted and fined not less than N200,000 or imprisonment of not less than six months

“Any person that willingly causes or conspires with or assists another to cause the unwarranted involuntary confinement of any person in a treatment facility under this law;or the denial to any person of any of the rights accorded to the said person under this law shall be liable for punishment to a fine not less than N 200,000 or imprisonment not less than six months and the facility management should also be held liable”

Refusal To Supply Information

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The bill states that if a corporate body fails or refuses to supply any information of mentally ill person will be fined N100,000 and in the case of an individual a fine of N50,000 or imprisonment of not less than six months or both.

Forgery Or False Entry Of Statement

“A person who commits an offence under this Act is liable on conviction to a fine of N100, 000 or to imprisonment for not less than six moths or to both, where the person forges or makes false entry or statement on an application for admission, medical report or recommendation under and any other document required or authorized to be made under this Act.”

Assisting Patient To Unlawful Leave Of Absence

Any person who induces or knowingly assist any other person being liable to be detained in a hospital to absent himself, according to the bill, will be convicted to 6 months imprisonment or to a fine of N100,000, or both of them.

“Any person who knowingly harbours a patient who is absent without leave of absence or is otherwise at large and liable to be retaken into 4 custody; or gives him assistance with intent to prevent, hinder or interfere with his being taken into custody or returned to the hospital or other place or where he ought to be detained shall be guilty of an offence.”

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Sexual Relationship With A Patient

It shall be an offence for a man or a woman who is an officer or staff in a psychiatric hospital or treatment facility to have sexual relationship (intercourse) with a woman or a man.
“Any person guilty of an offence under this section shall be liable to prosecution, and on conviction, to imprisonment for a term not less than 1 year or to a fine of N200,000 or both of them.”

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