Ghana’s Supreme Court strikes out suit challenging criminalisation of suicide  

In 2021, a lawyer, Christian Lebrechet Malm-Hesse, filed a suit with the Supreme Court challenging the constitutionality of Section 57 (2) of the Criminal Offences Act, 1960 (Act 29), which made attempted suicide a criminal offence.

A seven-member panel of the court ruled out the case citing a new law Criminal Offences (Amendment) Act, 2021, passed by parliament which amends the earlier Act and decriminalises attempted suicide.

Presiding Justice on the case Baffoe-Bonnie case described the suit as “moot and therefore struck out”.

Other members of the panel were Justices Avril Lovelace Johnson, Issifu Omoro Tanko Amadu, Emmanuel Yonny Kulendi, Ernest Yao Gaewu, Yaw Darko Asare and Richard Adjei-Frimpong.

Details of the suit

Lawyer Lebrechet Malm-Hesse in his suit argued that persons who attempt to commit suicide are suffering from a mental disability and should be given psychological treatment and not be incarcerated.

He indicated that attempted suicide could not be classified as a crime because a mentally challenged person could not have an intent (mens rea) to commit a crime.

“A person who has a malfunctioning mind does not have the mind to form a mens rea to commit a crime,” he was quoted by local media outlet Graphic.com.

Parliament amends Criminal Offenses Act 1960

Ghana’s parliament in March 2021, amended Act 29 of Section 57 (2) of the Criminal Offenses Act, 1960 after calls from civil society organisations, psychologists, and other interest groups. The private members' bill was sponsored by the New Patriotic Party Member of Parliament (MP) for Asante Akim Central, Kwame Anyimadu-Antwi, and the National Democratic Congress MP for Akatsi South, Bernard Ahiafor.

The bill was aimed at admitting that attempted suicide is a mental health condition rather than a crime and offering solutions to persons found in such situations.  The law will help to decongest the country’s prisons.