Supreme Court dismisses 'suicide suit'

Ghana's supreme court

A seven-member panel of the Supreme Court has dismissed a case challenging the criminalization of attempted suicide, Graphic.com.gh reports.

The Apex court explained that the enactment of a new law by Parliament decriminalized the act, rendering the legal action irrelevant.

During the hearing, the Justices, led by Justice Paul Baffoe-Bonnie, questioned state attorneys about their knowledge of recent legislative changes.

The attorneys confirmed their awareness of the amendment, leading to the court's decision to dismiss the case.

Justice Baffoe-Bonnie ruled, "Because of the passage of the Criminal Offences (Amendment) Act, 2021, this action is moot and, therefore, struck out."

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

Background of the Suit

In 2021, lawyer Christian Lebrechet Malm-Hesse filed a suit in the Supreme Court, arguing that Section 57 (2) of the Criminal Offences Act, 1960 (Act 29), which criminalized attempted suicide, was unconstitutional. Malm-Hesse contended that individuals who attempt suicide suffer from mental disabilities and should receive psychological treatment rather than imprisonment.

He argued that such individuals lack the necessary intent to commit a crime, as their mental state prevents them from forming criminal intent.

The plaintiff maintained that punishing someone for attempting suicide discriminates against those with mental disabilities, violating Articles 15 (respect for human dignity), 17 (freedom from discrimination), and 29 (rights of disabled persons) of the 1992 Constitution.

In response to advocacy from civil society organizations, psychologists, and interest groups, Parliament amended Act 29 in March of last year, removing 'attempted suicide' from the penal code.

The private members' bill was sponsored by Kwame Anyimadu-Antwi of the New Patriotic Party (NPP) and Bernard Ahiafor of the National Democratic Congress (NDC).

NAY/OGB