Manifestation and Treatment of Mental Health in Nigeria: A Call for Responsive and Efficient Legislation in Compliance with Global Best Practices

Abstract

In earlier times in Nigeria, the concepts of mental health and mental illness were substantially misconstrued, with the focus being on the confinement of persons with mental illnesses rather than effective treatment. The law allowed such persons to be detained until they were deemed to be “sane”, resulting in prolonged detention. Such confinement was not always accompanied by proper treatment for the mental illnesses suffered by persons detained. Rather, many experienced harsh and inhumane treatments which achieved more harm than good. However, modern developments in psychiatry and the adoption of international standards on the rights of mentally ill persons have led to a shift in the structure for the treatment of such persons. This structure reflects a move from institutionalisation to other forms of treatment, stricter criteria for civil commitment, and respect for the right of mentally ill persons to autonomy and self-determination. The role of the State has also developed into one which entails balancing the need to protect and preserve the rights of mentally ill persons, with the need to protect the society from harm, on one hand, and the need to preserve the individual’s welfare on the other hand. Unfortunately, the present national legal framework on mental health in Nigeria fails to adapt to these developments and reflects no attempt to balance the rights of mentally ill persons with the public interest and individual welfare. This paper outlines the legal structure for the assessment and treatment of mental illness in Nigeria, juxtaposing it with international standards and best practices. It establishes a case for the amendment of the present law in line with the stated standards.