Advancing Expansion Of Access To Safe Abortion In Nigeria

The current rate of unsafe abortion in Nigeria remains a source of concern to many and has necessitated the consistent call for expansion of access to safe abortion in the country.

In Nigeria, abortion is illegal while the only legal way to have an abortion in Nigeria is if having the child is going to put the mother's life in danger. In other words, abortion is illegal in Nigeria and carries a heavy jail sentence of up to 14 years imprisonment, unless it is performed to save the life of the pregnant woman.

Whereas, across the 36 states in Nigeria and the nation's capital, Abuja, young women who for various reasons end up carrying unwanted pregnancies employ different means to abort such with attendant consequences. A large number of clandestine abortions continued to be carried out regularly, often with dire consequences for the lives and health of the women involved.

For instance, in Lagos State, the Society of Gynaecology and Obstetrics of Nigeria (SOGON), Lagos Sector, during an advocacy visit to the Lagos State Commissioner for Health, Prof. Akin Abayomi disclosed that unsafe termination of pregnancy contributed up to 13% of maternal deaths in Lagos State. The situation in other states across the country might be worse than that of Lagos but many of them might not even have the data. The SOGON delegation called for policy reforms and expanded professional involvement to reduce preventable fatalities.

A survey was conducted in 1984 on the prevalence of abortion in the country the country. Representative samples were taken from the north and the south. The capital cities of 8 different states were covered. In 5 sample hospitals in Lagos State, 125 abortions or treatments of incomplete abortions were recorded within a month. In 4 representative hospitals from Oyo State, 81 abortions or corrections of incomplete abortions were recorded within 1 month. In the northern state of Kaduna, information was very difficult to obtain. At a University Teaching Hospital in Zaria, records showed that there were 103 treatments of incomplete abortions. This has been a serious problem for a long time and remained unabated till today.

As part of moves to tackle this menace, a citizen group in Nigeria under the auspices of Reproductive Justice Initiative Foundation (RJIF) instituted an action at the Federal High Court, Abuja, against the Attorney General of the Federation, Chief Lateef Fagbemi, who is the Minister of Justice, with five prayers, revolving around citizens' Sexual Reproductive Health Rights .

The plaintiffs, among others, sought declaration by the Court that a pregnancy resulting from unlawful carnal knowledge in breach of a woman's health and reproductive rights is a violation of her rights to physical and mental health as guaranteed under Articles 16(1), 18(1) and (3) of the African Charter on Human and Peoples Rights. The plaintiffs also sought a determination on whether a pregnancy resulting from unlawful carnal knowledge can be subsumed under the allowable exceptions for termination of pregnancy under the Abortion Law.

Eventually, in her ruling on the matter, Hon. Justice Gladys Olotu granted the 5th prayer of the plaintiffs while the four other reliefs on the determination of wether the Maputo Protocol can validly be said to be operative in the determination of Sexual and Reproductive Health Rights of Women in Nigeria, were refused.

Counsel to the plaintiffs, Barrister Olasupo Bada said the implication of the ruling is that women and girls who are victims of rape can now legitimately seek safe abortion. According to him, "the Federal High Court in this judgement made a declaration that where an unlawful carnal knowledge of a woman results in pregnancy, it is now a fundamental human right of that woman to get it terminated if she does not want to keep the pregnancy. It is important that we see it as an improvement on the existing legal regime where it was only when the life of the woman is in danger that she could see abortion. Then, mental health of the woman was never out into consideration. But by this pronouncement, the mental and physical health of the woman that is carrying the pregnancy is now considered."

Definitely, the decision of this court sinified another milestone in the push for expansion of access to safe abortion in Nigeria, even for the fact that the court recognized that a woman that was raped could legitimately seek safe abortion when such resulted to pregnancy. It's a step forward, towards protection of the reproductive rights of women and young ladies in Nigeria.

This Federal High Court's first-of-its-kind decision in this case filed by the Reproductive Justice Initiative Foundation (RJIF), with support from Ipas Nigeria health foundation affirms abortion rights for survivors of sexual violence in Nigeria. The court declared that pregnancy resulting from unlawful carnal knowledge in breach of a woman’s or girl’s health and reproductive rights constitutes a violation of her rights to physical and mental health, as guaranteed under Articles 16(1), 18(1), and 18(3) of the African Charter on Human and Peoples’ Rights.

This is the first time that a superior court in Nigeria has interpreted the law to affirm that pregnancy resulting from sexual violence amounts to a violation of both physical and mental health, and with that, has expanded the legal framework to uphold survivors’ right to access abortion services. This precedent-setting decision is binding on all courts and authorities across Nigeria.

The gains of this decision mark a turning point in the fight for reproductive justice in Nigeria. Policymakers, judicial officers, healthcare providers, and law enforcement authorities should take immediate steps to implement this decision by issuing guidance, removing administrative and legal barriers, and ensuring that survivors can access abortion care safely and without fear.

Regional and global human rights mechanisms should support enforcement and compliance with Nigeria’s obligations under the African Charter and the Maputo Protocol. Civil Societies, health advocates, and communities should continue to press for meaningful, survivor-centered reforms in both law and practice. This win belongs to survivors and it must translate into real access, real care, and real justice.

At this juncture, It's also important to state that the advocacy for the expansion of access to safe abortion was not intended to encourage indiscriminate abortion. But, the imperative of ensuring that safely performed terminations are accessible when it's the choice of the carrier. Of course, this is not a moral debate but a public health imperative. It has become very imperative to deal with this, so as to reduce preventable fatalities in the country.

While hoping that Reproductive Justice Initiative Foundation (RJIF) will take a step further to the Appeal Court and even the Supreme Court, if need be, It is important to note any incident of preventable death from unsafe abortion is unacceptable. Every single death due to abortion complications is a failure on the part of policy makers and all concerned. There must be provision for safe termination services, as this is a matter of the choice of the pregnant woman. Enough of preventable deaths from unsafe abortion in Nigeria.

Oyegbade, a public affairs analyst writes from Osogbo, Osun State, Nigeria.