The New National Mental Health Act 2021

The New National Mental Health Act 2021

On January 5, 2023, President Muhammadu Buhari signed the Mental Health Bill 2021 law. The Mental Health Act replaces the Lunacy Act of 1958, which is outdated and does not reflect current realities. In Nigeria, the passage of this law is a welcome development. The former Act, which provided for the confinement of people with mental illnesses in asylums in order to protect other citizens from violence, fails to protect the rights of people with mental illnesses or to focus on their rehabilitation.

Some compelling provisions of the new Act include:

1. An expansive definition of mental health was formerly limited to lunacy under the Lunacy Act. The Act defines mental health conditions as “impairments, activity limitations, and individual and participatory restrictions arising from diagnosable disorders which involve significant changes in thinking, emotion, or behavior.”
2. The creation of a Department of Mental Health Services in the Federal Ministry of Health and a Mental Health Fund.
3. The Act establishes human rights protections for those with mental health conditions. Discrimination against individuals suffering from mental disorders in housing, employment, medical care, and other social services is strictly prohibited under the Act.