Change Nigeria’s obsolete abortion law

WOMEN’S reproductive rights remain a polarising subject in Nigeria. They are rooted in historical and moral complexities. Yet, as society evolves and medical science advances, the omnipresence of draconian laws governing abortion has become an existential threat to Nigerian women, particularly the vulnerable.

Maternal mortality, unplanned pregnancies, rape, and incest are grim realities that demand a shift in perspective and policy. There is a need for progressive reforms in abortion laws, not to advocate reckless terminations but to align with a woman’s right to life, health, and dignity within the bounds of morality and medical science.

Statistics paint a devastating picture. The Chief Medical Director of the Lagos State University Teaching Hospital, Adetokunbo Fabamwo, stated that 610,000 unsafe abortions occur in Nigeria annually, with over 80 per cent performed by quacks and unqualified individuals. This is an epidemic.

These procedures are often carried out in clandestine settings—dingy rooms, back-alley clinics, or under unsafe conditions—with crude instruments and unhygienic practices that leave women bleeding, infected, mutilated, or worse, dead.
The consequences are catastrophic. In Nigeria, maternal mortality stands at a staggering 1,500 deaths per 100,000 live births, with unsafe abortion contributing 13 per cent of this figure. Nigeria has the third worst prevalence in the world, per the WHO.

The Society of Gynaecologists and Obstetricians of Nigeria found that about 20,000 Nigerian women die from unsafe abortions annually. This is from research by the SGON and the Federal Ministry of Health.

In contrast, there were 214,256 abortions for women resident in England and Wales in 2021, the highest number since the Abortion Act was introduced, per the online resource, www.gov.uk, with zero deaths. Since its enactment in 1967, the act has been reviewed nine times.
For young Nigerian girls and women forced into such desperate choices, the results are devastating: loss of fertility, irreversible physical damage, and in many cases, death. For the survivors, the psychological scars last a lifetime.

Medical science recognises scenarios where abortion is not only advisable but necessary to save a woman’s life. Ectopic pregnancies, where a fertilised egg implants outside the uterus, are incompatible with life and pose a fatal risk to the mother if left untreated.

Severe foetal abnormalities, where the baby has no chance of survival outside the womb, compel families to make excruciating decisions. Under extant Nigerian law, these procedures remain criminalised except to save a woman’s life, leaving doctors hesitant and women helpless. This needs to be reviewed.

Rape and incest are another horrifying dimension of this crisis. Nigeria’s current abortion laws, dating back to 1907, prohibit termination even in cases where pregnancies result from sexual violence.

A girl impregnated by her father, brother, uncle, or rapist is forced to carry the pregnancy to term, enduring unimaginable trauma and social ostracisation. Often, such children are born into households of poverty and neglect, perpetuating cycles of dysfunction and despair. This must change.

Nigeria is deeply rooted in moral and religious beliefs, which often translate into rigid stances on issues like abortion. While these values are important, they should not blind the authorities and stakeholders to the stark realities women face. A society that forces women into unsafe abortions in the name of morality does not uphold morality; it perpetuates hypocrisy and injustice.

For instance, unplanned pregnancies among teenagers are on the rise. Reports show that Nigeria has one of the highest adolescent birth rates globally, with 106 births per 1,000 girls aged 15 to 19. Many of these pregnancies result from rape, incest, or lack of access to contraception. Faced with stigma, shame, and the burden of single motherhood, these girls often turn to unsafe abortions as a last resort.
Furthermore, the plight of women in Nigeria is exacerbated by patriarchal attitudes that treat women as appendages to men. Men often dictate reproductive choices, deciding whether a wife can terminate a pregnancy even in life-threatening circumstances. Stories abound of husbands who refuse to approve life-saving abortions, leading to preventable deaths. Such attitudes reinforce a system where women’s bodies are not their own but are controlled by societal, cultural, or familial dictates.

Women-led civil society organisations must take centre stage to address this multifaceted crisis. These organisations have the unique perspective and credibility to advocate for reproductive rights and push for the repeal of Nigeria’s obsolete abortion laws. Advocacy must include educating communities about reproductive health, engaging policymakers, and providing safe spaces for women to seek help without judgement.

International partnerships are critical. Countries like South Africa, where abortion laws are more liberal and maternal mortality rates significantly lower, offer valuable lessons in balancing women’s rights with societal concerns.

Abortion laws in Nigeria must be reviewed and updated to reflect modern realities. At a minimum, laws should allow for terminations in cases of rape, incest, and severe foetal abnormalities, and when the mother’s life is at risk. These are not radical demands; they are humane responses to situations no woman chooses but is forced into by circumstance.

It is pertinent to note that the root causes of unplanned pregnancies must be addressed. Comprehensive sex education and easy access to contraception are proven strategies for reducing unwanted pregnancies. However, cultural, and religious resistance to these measures hinders progress. Governments at all levels must prioritise family planning services and ensure they are accessible even in rural areas.

One critical component of addressing the challenges surrounding unplanned pregnancies and unsafe abortions is ensuring that women themselves play a leading role in family planning initiatives. Women-led organisations and healthcare professionals are uniquely positioned to understand the needs, fears, and aspirations of other women, particularly in conservative societies where discussions around reproductive health remain taboo.

Evidence shows that when women receive education and support from trusted female counsellors and healthcare providers, they are more likely to embrace family planning methods. Programmes spearheaded by women ensure a more empathetic approach, addressing not just the medical but also the emotional and societal challenges women face.
Family planning for women by women can include targeted initiatives such as mobile clinics offering contraceptives, grassroots campaigns to educate women in rural areas, and community-led workshops that normalise conversations around reproductive health. Involving women in designing and implementing these programmes creates a safe space for open dialogue, allowing more women to access the information and tools they need to prevent unplanned pregnancies.

Moreover, empowering women to make decisions about contraception without societal or familial pressure is a critical step toward gender equity. This empowerment ensures women can pursue their education, careers, and personal goals without being derailed by unplanned pregnancies. By funding and promoting women-driven family planning initiatives, policymakers can help dismantle the stigma surrounding contraception and foster a culture where women can fully exercise their reproductive rights.

Equally important is the need to equip medical professionals with the training and resources to provide safe abortions where legally permitted. Health systems must be strengthened to prevent quacks from exploiting desperate women. Regulatory bodies must enforce strict penalties against unlicensed abortion providers while ensuring that women can access qualified medical care without fear of stigma or prosecution.

Reforming Nigeria’s abortion laws is not about promoting promiscuity or disregarding moral values. It is about recognising that women deserve agency over their bodies, particularly when their health, dignity, and lives are at stake. It is about confronting the harsh realities of unsafe abortions and the pain inflicted on women by laws that are over a century old and no longer fit for purpose.

As Fabamwo aptly noted, “A law that came into force in 1907 is surely obsolete.” It is time for Nigeria to move forward. By enacting progressive abortion laws, we can save lives, empower women, and build a society that values compassion, justice, and human dignity above outdated norms and ideologies.

Women’s reproductive rights are human rights. It is time for society to recognise and honour them.