Newscoven
  • Home
  • News
    • All
    • Analysis
    • Feature
    • Interviews
    • Politics
    • Science
    • World
    H1 2026: Oyo Achieves 91.2% Revenue Target, 77.5% Expenditure Performance

    H1 2026: Oyo Achieves 91.2% Revenue Target, 77.5% Expenditure Performance

    2027 Elections: I'll Record Historic Victory In Oyo -ADP Gov Candidate

    2027 Elections: I’ll Record Historic Victory In Oyo -ADP Gov Candidate

    2027 Elections: Abia Govt Fixes ₦200m, ₦100m Presidential, Senatorial Campaign Permit Fees

    2027 Elections: Abia Govt Fixes ₦200m, ₦100m Presidential, Senatorial Campaign Permit Fees

    Makinde Charges Oyo APM Apex Campaign Council On All-Inclusive Structure

    Makinde Charges Oyo APM Apex Campaign Council On All-Inclusive Structure

    Makinde To Inaugurate APM Campaign Council, Friday

    Makinde To Inaugurate APM Campaign Council, Friday

    You Lied, Obasanjo Replies Osoba

    Obasanjo To Osoba: My Political Journey Is Beyond Your Comprehension

    Oyo Govt To APC: Makinde Has No Skeleton In His Cupboard 

    Makinde Has No Skeleton In His Cupboard, Oyo Govt Replies APC 

  • Entertainment
    EMHF Heritage Event Hall Open To Public

    EMHF Heritage Event Hall Opens To Public

    Historic Send-Forth For Professor YK Ajao As Iseyin Honours Its Musical Pride

    Historic Send-Forth For Professor YK Ajao As Iseyin Honours Its Musical Pride

    Olukoya Builds Heritage Event Hall In Memory Of Music Aficionado, Femi Esho

    Olukoya Builds Heritage Event Hall In Memory Of Music Aficionado, Femi Esho

    Sanusi, Atlético Berja Board, Berja Mayor, Seal Strategic Partnership

    Sanusi, Atlético Berja Board, Berja Mayor, Seal Strategic Partnership

    From Church Keys Too Global Stage, Pheelz Takes Over The Spotlight On CNN African Voices

    From Church Keys To Global Stage, Pheelz Takes Over The Spotlight On CNN African Voices

    Fela Lives: Tinubu On Grammy Lifetime Achievement Award

    Fela Lives: Tinubu On Grammy Lifetime Achievement Award

    Ilaji Assumes Ownership Of Interlink •Takes Over Atlético Berja

    Ilaji Assumes Ownership Of Interlink •Takes Over Atlético Berja

  • About Us
  • Contact Us
  • More
    • Advertisement
    • Disclaimer
    • Privacy Policy
    • Terms of Use
Sunday, August 9, 2026
No Result
View All Result
  • Home
  • News
    • All
    • Analysis
    • Feature
    • Interviews
    • Politics
    • Science
    • World
    H1 2026: Oyo Achieves 91.2% Revenue Target, 77.5% Expenditure Performance

    H1 2026: Oyo Achieves 91.2% Revenue Target, 77.5% Expenditure Performance

    2027 Elections: I'll Record Historic Victory In Oyo -ADP Gov Candidate

    2027 Elections: I’ll Record Historic Victory In Oyo -ADP Gov Candidate

    2027 Elections: Abia Govt Fixes ₦200m, ₦100m Presidential, Senatorial Campaign Permit Fees

    2027 Elections: Abia Govt Fixes ₦200m, ₦100m Presidential, Senatorial Campaign Permit Fees

    Makinde Charges Oyo APM Apex Campaign Council On All-Inclusive Structure

    Makinde Charges Oyo APM Apex Campaign Council On All-Inclusive Structure

    Makinde To Inaugurate APM Campaign Council, Friday

    Makinde To Inaugurate APM Campaign Council, Friday

    You Lied, Obasanjo Replies Osoba

    Obasanjo To Osoba: My Political Journey Is Beyond Your Comprehension

    Oyo Govt To APC: Makinde Has No Skeleton In His Cupboard 

    Makinde Has No Skeleton In His Cupboard, Oyo Govt Replies APC 

  • Entertainment
    EMHF Heritage Event Hall Open To Public

    EMHF Heritage Event Hall Opens To Public

    Historic Send-Forth For Professor YK Ajao As Iseyin Honours Its Musical Pride

    Historic Send-Forth For Professor YK Ajao As Iseyin Honours Its Musical Pride

    Olukoya Builds Heritage Event Hall In Memory Of Music Aficionado, Femi Esho

    Olukoya Builds Heritage Event Hall In Memory Of Music Aficionado, Femi Esho

    Sanusi, Atlético Berja Board, Berja Mayor, Seal Strategic Partnership

    Sanusi, Atlético Berja Board, Berja Mayor, Seal Strategic Partnership

    From Church Keys Too Global Stage, Pheelz Takes Over The Spotlight On CNN African Voices

    From Church Keys To Global Stage, Pheelz Takes Over The Spotlight On CNN African Voices

    Fela Lives: Tinubu On Grammy Lifetime Achievement Award

    Fela Lives: Tinubu On Grammy Lifetime Achievement Award

    Ilaji Assumes Ownership Of Interlink •Takes Over Atlético Berja

    Ilaji Assumes Ownership Of Interlink •Takes Over Atlético Berja

  • About Us
  • Contact Us
  • More
    • Advertisement
    • Disclaimer
    • Privacy Policy
    • Terms of Use
No Result
View All Result
Newscoven
No Result
View All Result
Home Health Health Law & Human Dignity

From Lunacy To Dignity: Nigeria’s Mental Health Law Fails

by Olatunde Sanu
August 9, 2026
in Health Law & Human Dignity
Reading Time: 5 mins read
0 0
A A
0
From Lunacy To Dignity: Nigeria's Mental Health Law Fails
0
SHARES
3
VIEWS
Share on WhatsappShare on FacebookShare on Twitter

“On 5 January 2023, President Muhammadu Buhari signed the National Mental Health Act into law. It repealed the Lunacy Act of 1958, a colonial relic that treated mental illness as grounds for indefinite detention without rights or dignity.”

In June 2026, a government panel found mentally-ill inmates at Aba Correctional Centre and Kano Central Custodial Centre chained, shackled, and isolated without treatment. No psychologists were present. No medications were available.

 

The panel concluded these practices violate Section 34 of the Constitution — the right to dignity — as well as the UN Convention Against Torture.

RelatedPosts

When A Government Hospital Kills: Who Protects The Patient?

Your Card Is Valid, Your Clinic Is Empty

The Algorithm, The Ambulance: Can Nigeria’s Gig Workers Get Health Coverage?

Three years earlier, on 5 January 2023, President Muhammadu Buhari signed the National Mental Health Act into law. It repealed the Lunacy Act of 1958, a colonial relic that treated mental illness as grounds for indefinite detention without rights or dignity.

Lunacy and failure of Nigeria’s Mental Health Law

The new Act promised community-based care, informed consent, a Mental Health Assessment Committee, a Department of Mental Health Services, and a Mental Health Fund.

Yet in Aba and Kano, the chains remain.

This column applies a lens I developed in my MSc dissertation — therapeutic jurisprudence — to ask: can a law heal if nobody enforces it?

What Therapeutic Jurisprudence Demands

Therapeutic jurisprudence evaluates law by its consequences for human wellbeing. A therapeutic law reduces stigma, restores autonomy, and promotes recovery. An anti-therapeutic law raises expectations it cannot fulfil, deepening helplessness.

The Mental Health Act 2023 is profoundly therapeutic on paper. It replaces “lunatic” with “person with mental health conditions.”

It mandates respect for inherent dignity. It requires informed consent. It prohibits forced treatment and restraint by faith-based institutions except under strict medical certification. It creates appeal mechanisms. It integrates mental health into primary healthcare.

These are dignity-restoration mechanisms. They recognise that mental health is not the absence of chains in an asylum, but the presence of voice, choice, and care in the community.

But therapeutic jurisprudence measures law by its operation, not its text. In operation, the Act produces therapeutic betrayal — the harm that occurs when a legal system promises dignity and delivers neglect.

The Missing Institutions

The Act establishes a Department of Mental Health Services within the Federal Ministry of Health. As of mid-2026, it does not exist.

The Act creates a Mental Health Assessment Committee to review involuntary admissions and safeguard against arbitrary detention. It has never been constituted.

The Act establishes a Mental Health Fund. It remains a concept on paper. Nigeria spends approximately $1.50 per capita annually on mental health — 120th of South Africa’s spending.

Mental health receives about 3.3 per cent of the total health budget, below the WHO benchmark. And 90 per cent of that allocation goes to six federal neuropsychiatric hospitals, leaving primary care integration unfunded.

Only three of 36 states have recognised the Act. Only Lagos and Ekiti have adopted it locally. The other 34 states operate under pre-Act frameworks, or none at all.

This is implementation collapse. From a therapeutic jurisprudence perspective, it is worse than having no law.

A person chained in a church “treatment centre” in 2010 knew the state did not care. A person chained there in 2026 knows the state promised to care, and broke its promise.

The Workforce Crisis

No law can be therapeutic without human hands to administer it. Nigeria has approximately 250 psychiatrists for over 200 million people — one per 800,000 citizens. Since 2010, Nigeria-trained psychiatrists abroad have outnumbered those at home. Psychiatric nurses are “gradually becoming extinct.”

In January 2026, resident doctors at the Neuropsychiatric Hospital, Aro, Abeokuta joined an indefinite nationwide strike over welfare. If doctors treating the mentally-ill must strike for their own dignity, what does that say about patient dignity?

Therapeutic jurisprudence teaches that the law’s healing power depends on the wellbeing of all participants. A framework that degrades mental health professionals is anti-therapeutic. It asks the wounded to heal the wounded.

The Constitutional Paradox

Section 17 of the Constitution directs the state to ensure adequate medical facilities. But Section 6(6)(c) makes Chapter II non-justiciable. A citizen cannot sue the government merely for failing to build clinics or fund the Mental Health Fund.

Sections 33 and 34 — right to life and dignity — are justiciable. In Odafe v. Attorney-General, the Federal High Court held that denying medical care to detainees violates Section 34. The June 2026 panel applied the same logic.

But litigation is slow and reactive. It can free one inmate. It cannot constitute the Assessment Committee, fund the Department, or train 250 psychiatrists.

Without the Act’s mandated institutions, there is nobody to sue, no records to subpoena, no standards to enforce. The Constitution protects dignity, but the statute meant to operationalise that protection has been left hollow.

Seven Steps Toward Therapeutic Law

First, constitute the Department of Mental Health Services now. Without a coordinating body, the Act is an orchestra without a conductor.

Second, establish the Mental Health Assessment Committee. Every month of delay is a month of unconstitutional detention for Nigerians who cannot speak for themselves.

Third, capitalise the Mental Health Fund. Make contributions obligatory, not discretionary. Ring-fence the allocation.

Fourth, mandate state adoption with federal incentives. Tie health grants to alignment with the Act. Lagos and Ekiti have shown it is possible.

Fifth, protect the mental health workforce. Competitive remuneration and safe conditions are prerequisites for a therapeutic system. You cannot restore patient dignity while degrading doctor dignity.

Sixth, enforce Section 34 against non-orthodox detention centres. The prohibition against chaining must be backed by prosecution. The first prosecution would signal that the law means what it says.

Seventh, extend the Act’s protections to correctional facilities. The June 2026 panel proves the Nigerian Correctional Service operates mental health units without mental health capacity. The Act applies to “all facilities.” The government must meet the standard it imposes on private hospitals.

The Bottom Line

The Lunacy Act of 1958 was a law of exclusion. The Mental Health Act of 2023 is a law of inclusion. It includes the mentally-ill in the community, in the Constitution, and in the human family.

However, a law of inclusion that is not enforced becomes cruelty by another name. It tells the vulnerable: we see your suffering, we wrote a statute, and we did nothing.

In my MSc dissertation, I examined the therapeutic jurisprudence elements of the Mental Health Act. I concluded it contains the architecture of healing. I did not predict how completely that architecture would be left unbuilt.

Three years after assent, the chains are still on. The psychiatrists are still leaving. The Assessment Committee still does not sit. The Department still has no office, no staff, no phone number.

Health law is not statutes on paper. It is whether a person in crisis walks into a facility and is met with care rather than chains. The Mental Health Act promised that transformation. Lawmakers, ministers, and citizens must now ensure that promise is kept.

Because dignity delayed is dignity denied.

And for the mentally-ill Nigerian in Aba, in Kano, or in any unregistered “prayer house” where the Lunacy Act still lives in practice, that denial is not abstract. It is a chain around the ankle, and a law that forgot to unlock it.

•Sanu is a Nigerian lawyer, researcher and health law scholar. His MSc dissertation examines therapeutic jurisprudence in the Mental Health Act 2023. This column appears weekly.

Tags: Failure of Nigeria's Mental Health LawLunacy & Dignity
SendShareTweet

Related Posts

When A Government Hospital Kills: Who Protects The Patient?

When A Government Hospital Kills: Who Protects The Patient?

by Olatunde Sanu
July 19, 2026
0
15

"The central question remains... When a government hospital admits that a patient died because of negligent medical care, what happens...

Your Card Is Valid, Your Clinic Is Empty

Your Card Is Valid, Your Clinic Is Empty

by Olatunde Sanu
July 12, 2026
0
14

"The true measure of health insurance is not the card in a patient's wallet, but the care waiting behind the...

The Algorithm, The Ambulance: Can Nigeria’s Gig Workers Get Health Coverage?

The Algorithm, The Ambulance: Can Nigeria’s Gig Workers Get Health Coverage?

by Olatunde Sanu
July 5, 2026
0
17

"Platforms have treated gig workers as independent contractors, which means no pension, no sick leave, no workers' compensation, and no...

ICT | Science | Technology

NCC Declares Globacom Internet Growth Leader In May

NCC Declares Globacom Internet Growth Leader In May

August 9, 2026
0
NASENI Awards 2025: Our Workforce, Our Transformation Driving Force -Halilu

NASENI Awards 2025: Our Workforce, Our Transformation Driving Force -Halilu

July 19, 2026
9
Engineering, Critical Catalyst For Nigeria's Development -Yilwatda

Engineering, Critical Catalyst For Nigeria’s Development -Yilwatda

July 14, 2026
15
Alleged Infringement: Tinubu Directs FCCPC To Investigate Big Techs

Alleged Infringement: Tinubu Directs FCCPC To Investigate Big Techs

July 7, 2026
18
NASENI, CCB Sign MoU On Assets Declaration, Operations

NASENI, CCB Sign MoU On Assets Declaration, Operations

June 25, 2026
8
Prev Next

Health

Okpebholo, Oshiomhole Lack Moral Grounds To Speak On Stella Obasanjo Hospital -PDP

Okpebholo, Oshiomhole Lack Moral Grounds To Speak On Stella Obasanjo Hospital -PDP

November 28, 2024
37

Investment Fund For Health: An Approach To Attaining Universal Coverage In Nigeria

October 25, 2023
62

Climate Change Impacts: Children In 98% African Countries Most At Risk -UNICEF

September 2, 2023
164

World Earth Day: Stakeholders Harp On Sustainable Waste Management

April 22, 2023
175

World Glaucoma Day: Fubara Urges Rivers People To Priotise Eye Health

March 12, 2026
9

NSP Celebrates Pa Oshin, First African Physiotherapist @95 •Urges FG To Honour Living Heroes

August 2, 2021
481
Prev Next
Newscoven

NewsCoven.com is an independent and unbiased online news medium determined to take a holistic approach to reportage of events, covering all spheres of human activities, with refreshed zeal and vigour.

Contact: +234-805-732-0978

Categories

  • Achievers | Appointments
  • Agriculture
  • Analysis
  • Arts | Book Review
  • Banking & Finance
  • Business
  • Church
  • Crime | Court | Judiciary | Security
  • Culture | Religion
  • Editorial | Discourse | Opinion
  • Education
  • Energy | Oil & Gas
  • Entertainment | Sports
  • Environment | Community | Eye Report | Metro
  • Feature
  • Health
  • Health Law & Human Dignity
  • Hotels | Travels | Tourism
  • ICT | Science | Technology
  • In The Eyes of the News
  • Interviews
  • Islam
  • Kaleidoscope With Anike
  • News
  • Peoples | Events
  • Politics
  • Reflections With Dapo Falade
  • Science
  • The Ethics Pulse
  • Uncategorized
  • VOXPOPULI
  • Woman's Essence by Motunrayo Busari
  • World

Recent News

NCC Declares Globacom Internet Growth Leader In May

NCC Declares Globacom Internet Growth Leader In May

August 9, 2026
From Lunacy To Dignity: Nigeria's Mental Health Law Fails

From Lunacy To Dignity: Nigeria’s Mental Health Law Fails

August 9, 2026
Bring Back Uche Ekwunife

Bring Back Uche Ekwunife

August 8, 2026

© 2024 NewsCoven - Beyond the Surface by DF Global Resources Enterprises.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Add New Playlist

No Result
View All Result
  • About Us
  • Advertisement
  • Breaking News | Latest Nigerian News Today
  • Checkout
  • Contact Us
  • Disclaimer
  • Home
  • Login/Register
  • My account
  • Privacy Policy
  • Terms of Use

© 2024 NewsCoven - Beyond the Surface by DF Global Resources Enterprises.