MENTAL HEALTH LAW IN NIGERIA: AWARENESS RIGHTS AND THE PATH TO IMPLEMENTATION

^ABSTRACT

^{This article reviews Nigeria’s  National Mental Health Act 2021, examining its legal context, the rights it guarantees to persons with mental health conditions, and the challenges of raising awareness and carrying the law into practice.  It begins by outlining Nigeria’s constitutional and international obligations on health and disability rights, then describes the Act’s main objectives.  The article next summarizes the specific rights granted by the Act (such as non-discrimination, informed consent, and legal representation) and how they align with human-rights norms.  The penultimate section discusses current gaps in public knowledge and access to the Act. For example, low state-level adoption and stigma, and the role of civil society in improving awareness.  Finally, it considers steps needed for implementation (like establishing the Mental Health Services Department and securing funding), noting where these measures have lagged so far.  Overall, the article shows that while Nigeria’s mental health law is a major step forward, its promise will be fulfilled only through sustained educational, institutional, and legislative efforts.}

^INTRODUCTION

^{Mental health has recently gained recognition as a fundamental aspect of overall health and human rights.  After decades under an outdated 1958 Lunacy Act, Nigeria’s legislature enacted a modern National Mental Health Act in 2021 (effective January 2023). This new law is Nigeria’s first comprehensive mental health law since independence.[1] It replaces the colonial-era ordinance and reflects Nigeria’s commitments under international human rights instruments.  In particular, Nigeria has ratified the UN Convention on the Rights of Persons with Disabilities (CRPD), which provides that “the existence of a disability shall in no case justify a deprivation of liberty”.[2]  Domestically, the 1999 Constitution (as amended) enshrines the right to life and human dignity, guarantees against discrimination, and imposes duties on the government to promote health and welfare.  However, the Constitution’s section 35(1)(e) also allows involuntary detention of a person of “unsound mind” for treatment.[3]  Against this legal backdrop, the 2021 Act was introduced to protect the rights and dignity of Nigerians with mental health conditions, provide access to care, and coordinate mental health services.  It aims to fill gaps in the legal framework and move Nigeria toward international standards on mental health.}

^{Legal And Policy Framework}

^{Nigeria’s Constitution and international law set the policy framework for mental health protection.  Chapter II of the Constitution directs the State to ensure adequate health facilities and social welfare, while Chapter IV guarantees fundamental rights like life and personal liberty.  Section 42 explicitly forbids discrimination by “circumstances of birth,” and judicial interpretations extend this to disability; thus, mentally ill persons have constitutional protection against arbitrary treatment.[4] At the same time, section 35(1)(e) of the Constitution permits the detention of a person of “unsound mind” for care or community protection[5].  Internationally, Nigeria is bound by the CRPD (2006) and the African Charter on Human and Peoples’ Rights.  Under the CRPD, Nigeria must ensure equality and autonomy for persons with disabilities; for example, Article 14(1)(b) says that a person’s disability cannot by itself justify depriving them of liberty.[6] These obligations have pushed Nigeria to update its laws.}

^{Before 2023, Nigeria’s main mental health law was the Lunacy Act 1958, which was widely regarded as archaic and stigmatizing.[7]  That law used terms like “lunatic” and allowed confinement in asylums without modern safeguards. After decades of advocacy, the National Mental Health Act 2021 was passed to overhaul this system. The Act’s long title states that it is enacted “to protect the rights of persons with intellectual, psychosocial or cognitive disabilities [and] to provide for enhancement and regulation of mental health services in Nigeria”.[8] Its Part I sets out objectives such as promoting the rights of persons with mental health conditions, ensuring access to quality mental health services, and supporting community-based care.[9]  The Act establishes a Mental Health Services Department in the Federal Ministry of Health to coordinate implementation.  These reforms are meant to ensure Nigeria meets both its constitutional duty to safeguard health and its international commitments to disability rights.}

^{Rights of Persons with Mental Health Conditions}

^{A key feature of the new Act is its catalogue of specific rights for persons with mental health conditions.  These rights build on general human rights and reflect international standards.  For example, the Act explicitly states that any person in need of mental health services “shall have the same fundamental rights as a fellow citizen” and “not be subjected to any form of discrimination”.[10]  In other words, a mental health condition alone cannot strip a person of liberty or equality.  The Act further guarantees that persons with mental conditions have the right to access medical, social, and legal services; to protection from abuse, torture, forced labor, violence or cruel treatment (including chaining); and to humane, dignified treatment at all times.[11]  These provisions directly target practices of stigmatization and inhuman treatment that were common under older laws.}

^{Other rights in the Act include entitlement to participate in education, vocational training, leisure activities, and social and recreational life.[12]  Persons with mental health conditions may also spend their own money for personal needs unless their mental capacity prevents this.  The Act ensures confidentiality and privacy during examinations, and it allows individuals to appoint legal representatives or lawyers to advocate for them in treatment decisions or appeals.  Notably, patients have the right to give or withhold informed consent to treatment; involuntary admission and treatment now require stringent legal and medical checks, effectively outlawing arbitrary confinement.  Employment rights are spelled out: a person cannot be fired or denied benefits solely because of a mental health condition, and must receive the same pay as a worker without such a condition for equal work.  These rights align with the CRPD, which mandates equal recognition before the law and full legal capacity for persons with disabilities. In summary, the Act enshrines a human-rights approach: mentally ill Nigerians have rights to non-discrimination, fair treatment, participation, and self-advocacy on par with other citizens.[13]}

^{Awareness and Accessibility of the Mental Health Act in Nigeria}

^{Since the Act is new, public awareness remains low.  Many people,  including health workers, law enforcement, and even some legislators may not yet know the Act’s provisions.  Civil society groups and media outlets have begun educational efforts. For example, the Citizens Advocate (C-Advocate) newspaper published a layman’s summary of key points, noting that the Act “replaces the outdated Lunacy Act and provides a modern legal framework to protect the rights and dignity of people with mental health conditions”.[14]  The article highlighted that under the law persons with mental conditions now “have the same fundamental human rights as others,” including freedom from abuse, torture, and degrading treatment.[15]  It also summarized rights to consent to treatment, to refuse involuntary confinement without due process, and to appoint legal representatives. Such publications help spread basic knowledge.}

^{The Act also promises to make mental health services more accessible.  It requires that appropriate, affordable mental health care be integrated into all levels of the healthcare system, from primary clinics to secondary hospitals[16].  In theory, this would mean Nigerians could seek mental health assistance outside of the few specialized psychiatric hospitals.  In practice, however, mental health units are still scarce and often relegated to overburdened general hospitals.  Furthermore, the Act establishes a Mental Health Fund and a Mental Health Services Department to improve services and enforcement, but these bodies are still in formative stages.  Non-governmental organizations have stepped in to raise awareness and reduce stigma.  For instance, the Mentally Aware Nigeria Initiative (MANI) and similar groups conduct outreach and social media campaigns to educate people about mental illness and the new law.  Despite these efforts, major challenges remain: there are far too few mental health professionals in Nigeria, and many families and authorities are unaware of the legal rights. One report notes that although the law went into force nationwide, only three of Nigeria’s 36 states have even formally recognized it, and just Lagos and Ekiti have adopted it into local legislation.[17] This gap means that in most states the Act’s provisions may have little practical effect until local governments take action. In short, while information about the law is slowly spreading through NGOs and media, full awareness and accessibility of its protections are a work in progress.[18][19]}

^{The Path to Implementation}

^{Passing the law was only the first step; meaningful implementation will require coordinated action. The Act itself outlines many mechanisms: it sets up a Department of Mental Health Services in the Federal Ministry of Health and creates a Mental Health Fund for financing.  It also calls for the formation of committees to oversee standards, and for all courts and health facilities to respect mental health rights.  However, many of these steps have yet to occur.  As of mid-2025, no dedicated Department of Mental Health Services had been established, despite this being central to the law.[20]  The Federal Ministry of Health’s website makes no mention of such a department, indicating that bureaucratic implementation is lagging[21].  Without this coordinating body, it will be difficult to develop nationwide regulations or monitor the new rights and services.}

^{Funding is another critical issue.  Before the Act, Nigeria had virtually no budget line for mental health; only a tiny fraction (around 3–4%) of health spending went to mental health, mostly toward federal psychiatric hospitals.[22]  The Act’s Mental Health Fund intended to pool and allocate resources, has not yet been capitalized. Civil society reports note that promised protections like non-discrimination and refusal of treatment remain largely unenforced in practice[23].  For example, police and families still sometimes detain mentally ill persons in chains or under harsh conditions, because local officials are not trained on the new law.}

^{Successful implementation will also require integration of mental health into primary healthcare.  Experts argue that Nigeria must train general doctors and nurses to recognize and manage common mental health issues.  The WHO’s Mental Health Gap Action Programme (mhGAP) has tools for this, but Nigeria needs to adopt a unified national guideline. Health watchers advise that all stakeholders “must work to ensure increased access to mental health services by integrating mental health care into primary care services”.[24]  If primary clinics across the country begin offering basic mental health screening and referral, far more patients will benefit.}

^{At the state level, governments must update their laws and budgets.  Only when states enact policies aligned with the federal law will Nigerians everywhere feel its impact.  This means legislative bodies in each state should pass companion laws or decrees, and allocate funds at the sub-national level. So far, very few states have done so[25], which undermines the law’s reach. The judiciary also has a role: under the Constitution, any person may seek enforcement of fundamental rights in court. Courts will increasingly be asked to uphold the mental health rights given by the Act and to interpret constitutional provisions in light of this new law. In sum, implementing the Mental Health Act will require political will (including funding), public education, training of professionals, and legal enforcement. It is a complex path, but critical for turning the Act’s promises into real change.}

^Conclusion

^{Nigeria’s National Mental Health Act 2021 represents a landmark shift toward a rights-based approach to mental health care. It aligns the country’s laws with international standards by affirming the dignity, liberty and equal rights of persons with mental health conditions.  The Act provides a modern legal framework: it guarantees non-discrimination, informed consent, legal representation, privacy, and access to community-based care. However, the success of this reform depends on translating words into action. This requires raising public and professional awareness of the Act, establishing the institutions and budgets the law envisions, and enforcing the new protections. While progress is uneven  with many provisions still unimplemented and only limited state adoption, the law has created a foundation. Going forward, cooperation between government agencies, the courts, healthcare providers and civil society will be essential. If Nigeria can build on this momentum, it can significantly improve mental health services and human rights for its citizens in need of care.}

^{References and Citations}

1. ^{Convention on the Rights of Persons with Disabilities (adopted 13 Dec 2006, entered into force 3 May 2008) 2515 UNTS 3 (CRPD).}
2. ^{Constitution of the Federal Republic of Nigeria 1999 (as amended).}
3. ^{National Mental Health Act 2021 (Nigeria).}
4. ^{Nigeria Health Watch, Navigating Challenges and Embracing Hope in the Nigerian Healthcare in 2023 (Nigeria Health Watch, 27 Dec 2023) https://articles.nigeriahealthwatch.com/navigating-challenges-and-embracing-hope-in-the-nigerian-healthcare-in-2023/.}
5. ^{Azara Tswanya, ‘Nigeria’s Mental Health Act and the Struggle for Implementation’ HumAngle (27 July 2025) https://humanglemedia.com/nigerias-mental-health-act-and-the-struggle-for-implementation/.}
6. ^{C-Advocate Newspaper, ‘Mental Health Rights – What You Need to Know’ (C-Advocate, 10 June 2025) https://cadvocatenewspaper.csaaeinc.org/mental-health-rights-what-you-need-to-know/.}

[1] Azara Tswanya, ‘Nigeria’s mental health act and the struggle for implementation ‘ ( 27 July 2025) humanglemedia.com <https://humanglemedia.com/nigerias-mental-health-act-and-the-struggle-for-implementation/> accessed 25 October 2025

[2] Abasiondiong Ubong Udoakpan, ‘The misconceptions in section 35(1)(e) of the Nigerian constitution and the liberty of persons with mental disability’ (25 August, 2022) Africlaw <https://africlaw.com/2022/08/25/the-misconceptions-in-section-35-1e-of-the-nigerian-constitution-and-the-right-to-liberty-of-persons-with-mental-disability/> accessed 25 October, 2025

[3] Ibid.

[4] Constitution of the Federal Republic of Nigeria 1999, ( as amended) s 33-34, 42

[5] Azara (n_1)

[6] United Nation convention on The Rights of People with Disability, Article 14(1)(b)

[7] Azara (n_1)

[8] Mental Health Act, 2021 (Nigeria)

[9] Ibid.

[10] Ibid.

[11] Ibid.

[12] Ibid.

[13] Ibid.

[14] ‘Mental health rights – what you need to know’ ( c- advocate Newspaper, 10 June 2025) <https://cadvocatenewspaper.csaaeinc.org/mental-health-rights-what-you-need-to-know/> accessed 25 October 2025

[15] Ibid.

[16] Ibid.

[17] Azara (n_1)

[18] Azara (n_1)

[19] C- advocate Newspaper (n_14)

[20] Azara (n_1)

[21] Ibid.

[22] Ibid.

[23] Ibid.

[24] Nigeria Health Watch, Navigating Challenges and Embracing Hope in the Nigerian Healthcare in 2023 (Nigeria Health Watch, 27 Dec 2023) https://articles.nigeriahealthwatch.com/navigating-challenges-and-embracing-hope-in-the-nigerian-healthcare-in-2023/.

[25] Azara (n_1)