Nigeria finally has a modern mental health law. Here is what it says about your rights, consent, hospital admission, chaining, work and housing, and what is still waiting to happen.
Nigeria’s National Mental Health Act 2021 took effect on 28 December 2022. It gives people with mental health conditions equal rights, bans chaining, requires informed consent, limits involuntary admission, and creates a federal mental health department and fund.
Why it matters
Before this Act, Nigeria’s main mental health law was the Lunacy Act of 1958, which was built around detaining people rather than treating them. Advocates pushed for a modern law for about two decades. The new Act is named for 2021, came into force at the end of 2022, and its signing was announced in January 2023.
What the Act sets up
- A Department of Mental Health Services in the Federal Ministry of Health, to set policy and standards, work with regulators on licensing, and protect the rights of people with mental health conditions.
- A Mental Health Fund to pay for the Act’s work, fed by money approved by the National Assembly, voluntary contributions, and grants.
- A Mental Health Assessment Committee, chaired by a lawyer of at least ten years’ standing. It hears appeals against hospitals’ decisions, investigates complaints from people admitted under the Act, and reviews involuntary and long-term admissions.
Your rights
The Act says a person with a mental health condition has:
- The same fundamental rights as any other citizen, and the right not to be discriminated against.
- Protection from abuse, exploitation, forced labour, violence, torture and cruel or degrading treatment, “including chaining”.
- The right to appropriate, affordable and accessible care, including counselling, rehabilitation and after-care.
- Dignity and privacy, including visits in private, which can be supervised only if there’s a real risk of violence.
- Access to information about their own health, and confidentiality, with an exception when a professional needs to prevent serious harm.
- The right to a legal representative.
Anyone who sees a person with a mental health condition being abused must report it to the police.
At work and at home
- Employers can’t sack you, or take away benefits, merely because of a present or past mental health condition. You’re entitled to equal access to work and equal pay.
- Landlords can’t evict you solely because you’ve developed a mental health condition.
Consent and hospital admission
- No treatment without your informed, written consent, given after the options, benefits, risks, costs and your right to refuse have been explained.
- People admitted voluntarily must get care of the same standard as people with physical illnesses. If you ask to leave, the facility must let you go within 24 hours, unless you meet the conditions for involuntary care.
- Involuntary admission is allowed only when there’s a serious likelihood of imminent harm to the person or others, or when the condition is so severe that not admitting would cause serious deterioration or block needed treatment. It must be the least restrictive option, and for children it’s a last resort.
- The Committee reviews involuntary admissions. If it rejects one, the facility can’t keep the person against their will, and the person or their representative can appeal.
- Only accredited facilities may provide involuntary care.
Restraint and banned practices
- Restraint and seclusion are allowed only under strict conditions: after at least 48 hours of care, with two doctors certifying in writing that it’s the only way to prevent imminent harm, and for no longer than 72 hours or than is medically necessary.
- Chains, handcuffs, shackles and ropes are banned for anyone, including churches, mosques and other faith-based institutions, in public or in private. The penalty is a fine of at least ₦2 million, up to five years in prison, or both.
- Sterilisation as a treatment is prohibited.
- Electroconvulsive therapy and psychosurgery need a licence and the person’s informed consent.
- Sexual relationships between staff and the people in their care are prohibited.
- Striking, ill-treating or neglecting a person in care is an offence, and violating the rights in the Act carries a fine of at least ₦500,000 or at least a year in prison.
The Act also counts rehabilitation centres, faith-based establishments and traditional healing centres that provide mental health care as facilities, so its protections apply there too. Our guide to choosing a rehab centre explains what that means in practice.
Care closer to home
The Act says every public healthcare facility should offer integrated mental health care, and asks the Federal Ministry of Health to support community services such as outreach, home care and emergency care. It also calls for a national carers guideline and a national suicide prevention strategy.
What the Act doesn’t do
- It doesn’t make care free. It promises affordable care, but most people still pay out of pocket or through NHIA and HMOs.
- It didn’t decriminalise attempted suicide. The Act treats attempted suicide as a psychiatric emergency needing immediate care, but it remains an offence under the Criminal Code and the Penal Code, with up to a year in prison. In August 2026 the Federal Executive Council approved an amendment to this Act that would decriminalise it, and in October 2026 the Senate advanced a separate suicide prevention bill at second reading. Neither is law yet. In Lagos, the state’s own criminal law makes it a lesser offence and directs the court to order hospital care.
- Much of it depends on implementation. The Act requires the Ministry to publish a list of licensed mental health facilities, for example, and we couldn’t find one published as of September 2026.
What it means for you
- If you or a relative is being chained, beaten or starved anywhere, including in a prayer house, it’s a crime. Report it to the police.
- If you’re admitted against your will, you or your representative can appeal.
- If your employer or landlord acts against you because of a mental health condition, you have legal protection. Take legal advice.
- If you’d like to know what a psychiatric hospital visit is like, read Yaba Left: what to expect.
If you need someone to talk to now, Safe Place Nigeria is free on 0800 800 2000, 24 hours a day. Our helplines page lists more. You can also find a therapist by video, voice or chat.
Frequently asked questions
When did Nigeria’s Mental Health Act come into force?
On 28 December 2022. It’s called the National Mental Health Act 2021, and its signing was announced in January 2023.
What does the Mental Health Act say about chaining?
It bans the use of chains, handcuffs, shackles and ropes on anyone with a mental health condition, including by faith-based institutions, in public or private. The penalty is a fine of at least ₦2 million, up to five years in prison, or both.
Suggested read: Psychiatric Hospitals in Enugu: FNPH, UNTH and More
Can someone be admitted to a psychiatric hospital against their will in Nigeria?
Only under strict conditions, such as a serious likelihood of imminent harm, and only at accredited facilities. The Mental Health Assessment Committee reviews these admissions, and the person can appeal.
Can I be sacked because of a mental health condition?
The Act says an employer can’t terminate your employment or take away benefits merely because of a present or past mental health condition.
Does the Act decriminalise attempted suicide?
No. It treats attempted suicide as a psychiatric emergency needing care, but attempted suicide is still an offence under the Criminal Code and the Penal Code. The Federal Executive Council approved an amendment to the Act in August 2026 that would decriminalise it, and in October 2026 the Senate advanced a separate bill at second reading. Neither is law yet.
This article is awaiting legal review. It’s based on the text of the Act and other published sources, and we’ll update it once it has been reviewed.
