The Supreme Court has dismissed a suit challenging the constitutionality of a law that criminalized attempted suicide.

A seven-member panel struck down the suit after Parliament passed a new law amending the old one, thereby decriminalizing attempted suicide and rendering the legal action moot.

During the hearing, the Justices of the Supreme Court, led by Justice Paul Baffoe-Bonnie, inquired if State Attorneys defending the state were aware of the newly passed law that had removed the offence of attempted suicide.

The attorneys confirmed their awareness, leading the court to dismiss the suit.

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

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

Background on the Suit

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

Mr. Malm-Hesse argued that Section 57 (2) of Act 29, which classified attempted suicide as a criminal offence, was unconstitutional. Previously, this section categorized “attempt to commit suicide” as a misdemeanor, punishable by up to three years' imprisonment. He asserted that individuals attempting suicide were suffering from mental disabilities and should receive psychological treatment rather than incarceration.

He further contended that a mentally challenged person could not possess the intent (mens rea) to commit a crime. Therefore, he argued, the offence of “attempt to commit suicide” could not be classified as a crime since the necessary mental element for a crime was absent.

“A person who has a malfunctioning mind does not have the mind to form a mens rea to commit a crime,” the plaintiff averred.

He also argued that it was unconstitutional to punish a person for acting on such a mental disability.

According to him, punishing someone who attempts suicide constitutes discrimination based on their disability. Therefore, the plaintiff sought the apex court's declaration of Section 57 (2) of Act 29 as unconstitutional, citing violations of Article 15 (respect for human dignity), Article 17 (freedom from discrimination), and Article 29 (rights of disabled persons) of the 1992 Constitution.

New Legislation

Following advocacy efforts from civil society organizations, psychologists, and other interest groups, Parliament amended Act 29 in March of last year, removing 'attempted suicide' from the penal code of the country.

The private members' bill was sponsored by Kwame Anyimadu-Antwi, the New Patriotic Party Member of Parliament (MP) for Asante Akim Central, and Bernard Ahiafor, the National Democratic Congress MP for Akatsi South.

The primary aim of the bill was to recognize attempted suicide as a mental health condition and to provide support for those in such circumstances.

This law is also expected to help reduce prison overcrowding and lighten the caseload for prosecutors.