Abstract
SUMMARY One of the reasons why women seek abortion in Nigeria is to get rid of unwanted pregnancies resulting from rape. However, due to the prohibition of the procedure, in such circumstances many women resort to secret and mostly unsafe abortions. These abortions contribute to the soaring rates of maternal deaths and morbidity in the country. It is against this background that this article examines the Nigerian laws on abortion and elicits peoples' attitudes to the call for liberalisation thereof, with a focus on pregnancies resulting from rape. The study employs both the doctrinal and the non-doctrinal methods of research. The doctrinal method comprises a contents analysis of literature and the law. The non-doctrinal method consists of field research to obtain information via interviews, which is imperative because of the dearth of primary data to work on. The field research involves representative participants that are selected using a purposive sampling technique. Findings are presented on thematic bases. It is established that the current law is dysfunctional and counter-productive, and that people support its liberalisation. Consequently, the study concludes that an effective strategy to combat unsafe abortion and enhance women 's reproductive health in Nigeria is to liberalise the law to conform to the nation's treaty obligations, while deriving insights from the South African experience. Key words: rape; unsafe abortion; reproductive autonomy; right to choose; Nigeria
Highlights
Nigerian law prohibits abortion[1] except for the purpose of ‘saving the life’ of a woman.[2]
Due to the prohibition of the procedure, in such circumstances many women resort to secret and mostly unsafe abortions. These abortions contribute to the soaring rates of maternal deaths and morbidity in the country. It is against this background that this article examines the Nigerian laws on abortion and elicits peoples’ attitudes to the call for liberalisation thereof, with a focus on pregnancies resulting from rape
As high as 35% or more of pregnancy related deaths in Nigeria are as a result of unsafe abortions ... we must do something about it and in earnest too ... we are not supposed to be helpless about it ... it isn’t a natural disaster which is beyond human control
Summary
Nigerian law prohibits abortion[1] except for the purpose of ‘saving the life’ of a woman.[2] The offence is punishable with imprisonment for a term of up to 14 years, or with a fine, or both.[3] the law limits access to abortion without envisaging other situations that may warrant the procedure such as in the case of women that fall pregnant as a result of rape. Researches in Nigeria so far are not able to empirically obtain data on rape-related pregnancies and the abortion thereof as the phenomenon usually is not reported to avoid being stigmatised, among other reasons, it is a notorious fact in the country that, to avoid humiliation and mockery, most pregnant rape victims, rather than yielding to the legal restriction, would resort to secret and, more often than not, unsafe abortions.[4]. This makes Nigeria a country with one of the highest
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