NATIONAL MENTAL HEALTH ACT 2021 AS A SILVER LINING FOR THE PROTECTION OF THE FUNDAMENTAL RIGHTS OF THE MENTALLY ILL PATIENT IN NIGERIA

Abstract

Prior to the enactment of the National Mental Act 2021, mental treatment in Nigeria was significantly misconstrued. The focus was on the confinement of persons with mental illnesses rather than effective treatment. The confinement was not always accompanied by proper mental care and treatment but often resulted in severe violation of the fundamental rights of the mentally ill. Many experienced harsh and inhumane treatments which achieved more harm than good. The new Mental Health Act provides some exciting innovations for the treatment of mental illness and offers extensive protection for the rights of mentally ill persons. The focus of this paper is to evaluate the adequacy of these provisions. The doctrinal and comparative research methodologies have been adopted. The findings of this paper reveal that the provisions of the mental legislation are robust enough for the protection of the rights of mentally ill patients. However, legislative intervention alone will not offer the deserving succour. Some socio-cultural and religious factors may impede the protection and enjoyment of the rights of mentally ill persons to effective medical treatment. This paper concludes by drawing lessons from international standards and best practices and recommends that advocacy, enlightenment, and investment in human and infrastructure will be required for the effective protection and treatment of mentally ill persons.