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Expertise
The Mental Health Act 2023 (the “Act”) marks a significant milestone in Nigeria’s mental health policy landscape. Previously, Nigerian employment laws did not specifically address the needs of employees experiencing mental health conditions. Notably, the Nigerian Labour Act,1 which serves as the primary statute for employment relations, and the Employee Compensation Act 2010 both lacked specific provisions regarding mental health.. This absence highlighted a gap in the legal framework's support
Introduction
The Mental Health Act 2023 (the “Act”) marks a significant milestone in Nigeria’s mental health policy landscape. Previously, Nigerian employment laws did not specifically address the needs of employees experiencing mental health conditions. Notably, the Nigerian Labour Act,1 which serves as the primary statute for employment relations, and the Employee Compensation Act 2010 both lacked specific provisions regarding mental health.. This absence highlighted a gap in the legal framework's support for individuals managing mental health challenges within the workplace.
Under the administration of President Muhammadu Buhari, Nigeria enacted its first Mental Health Bill - now known as the National Mental Health Act, 2021 (“The Act”)- which was signed into law on January 5, 2023. This legislation replaces the Lunacy Act of 1958, a statute indicative of an era with limited understanding of mental health, and prevalent stigmatization of affected individuals. The Act represents a meaningful advancement in establishing a comprehensive legal framework to promote mental health, prevent mental health discrimination, and improve access to necessary mental health services within Nigeri. It aims to protect the rights and well-being of individuals and employees living with mental illness while addressing and remedying the shortcomings of the previous law.2
Mental health has historically been neglected in Nigeria's public health sector. According to a 2020 survey by the Africa Polling Institute (API) and EpiAFRIC, awareness of mental health issues is still low among Nigerians.3 The Act represents a significant, progressive move intended to address gaps in the outdated Lunacy Act 0f 1958, particularly regarding workplace mental health protections., It aims to ensure that all employees are treated fairly and with dignity, regardless of their mental health status.
Mental health was once narrowly defined as lunacy by the Lunacy Law of 1958, which described a ‘lunatic’ as an idiot or anyone with an unsound mind. In contrast, the National Mental Health Act 2021 offers a broader, less stigmatizing definition, recognising mental health conditions as impairments, activity limitations and participatory restrictions arising from diagnosable mental disorders. These can include significant changes in thinking, emotion or behaviour causing distress or interaction problems, and include intellectual, psychosocial, or cognitive disabilities.4
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