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Summary
On October 3rd, 2024, the head of the health promotion department of the Federal Ministry of Health in Nigeria, Barrister Nma Ogbonna, revealed that the government is reviewing the criminalisation of abortion in the country. Following the news, women’s rights activists have expressed optimism towards the impending development.
Recently, news broke out that the Federal Government of Nigeria is looking into increasing access to safe pregnancy terminations nationwide. This information was made known by Barrister Nma Ogbonna, the head of the health promotion department of the Federal Ministry of Health in Nigeria. She broke the news on October 3rd, 2024, in Abuja at the SRHR Summit 1.0, organised by the Media Health & Rights Initiative of Nigeria (MHR) in observance of this year’s World Contraception Day.
According to her, “some sections of the criminal code 1090 on abortion were being looked into among relevant ministries, departments and agencies (MDAs) towards ensuring safe healthcare options among Nigerian women and adolescents.”
As a very religious and patriarchic nation, abortion is very restricted even by the community, regardless of its consequences on women and teenage girls. The act is a termination of a pregnancy by removing the fetus or embryo from the uterus.
According to the current law, it is illegal to terminate a pregnancy unless the mother’s life is in danger, and doing so can result in serious punishment. Governed by two laws, the Penal Code and the Criminal Code, there is no legal way to have an abortion without brutal legal consequences.
In southern states of Nigeria, the Criminal Code which governs abortion laws specifically outlined in sections 228, 229, and 230. Section 228 makes it a felony for a doctor to perform an abortion, punishable by up to 14 years in prison.
Section 229 criminalises women who seek abortions, imposing a possible 7-year sentence. Section 230 holds anyone providing substances for an abortion accountable as well, with penalties of up to 3 years in prison.
The Penal Code regulates abortion laws in northern states through sections 232, 233, and 234, which largely mirror the Criminal Code but permit abortions to save a mother’s life. Punishments can include imprisonment and fines, applicable regardless of the abortion’s outcome. The Criminal Code lacks any exceptions for preserving a mother’s life,
This law has since restricted any right to women’s freedom of choice when it comes to reproduction. Women who by circumstance, are victims of rape and eventually pregnancy have no choice but to keep the pregnancy because of the illegality of the practice of abortion. Women who do not want to bear children at any point in their lives are also trapped. This, however, has led to some unsafe termination of pregnancies in the country.
According to the World Health Organization (WHO), about 43% of abortions practised are unsafe because of the laws that restrict them around the world. In comparison, more than 30% of maternal deaths in Nigeria are a result of unsafe abortions. This alone is found to be a source of “physical and mental health complications and social and financial burdens for women, communities and health systems.”
It is also culturally forbidden as many cultures practised within the nation frown at the act. This has also created a stigma for any woman who decides to choose her life over that of a fetus, although many men are excluded from the prejudice.
However, with the news that there is a reconsideration of Nigeria’s abortion laws, several citizens have breathed a sigh of relief with some commenting that it is long overdue.
“It is commendable that the government is working to increase access to abortion, but urgent action is needed. Losing 1,500 women yearly to unsafe abortions is unacceptable when it should be a standard healthcare service. I look forward to a Nigeria where women have the freedom to choose without being forced to continue unwanted pregnancies,” Women’s Rights Advocate Oluwafunmbi Ogunsola said.
In the past, several feminists have agitated for the legalisation of Abortion in Nigeria. On International Safe Abortion Day, Adabekee tweeted.
“I’m am very happy that many of you on the tl (timeline) are suggesting abortion as a legitimate option. I ask that we all join the movement to legalise abortion in Nigeria. Unsafe abortions are among the leading causes of maternal mortality in Nigeria. Let’s Legalize abortion!”
If the Nigerian government stays true to its word by providing access to safe termination of pregnancy within the nation, the country would be a step closer towards fostering a supportive environment for women’s autonomy and ensuring safe health care.
