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| Source: thefederalist.com |
According
to NHS, abortion is the medical process of ending a pregnancy so it does not
result in the birth of a baby. It is also sometimes known as a 'termination' or
a 'termination of pregnancy'. Depending on how many weeks you have been
pregnant, the pregnancy is ended either by taking medication or by having a
surgical procedure.
Unsafe
abortion is one of the most significant and preventable causes of maternal
death and injury in Nigeria. Abortion is illegal except to save the life of the
woman, and procedures are often inaccessible even for women who meet these
requirements, forcing women to seek out surreptitious procedures. Abortion has
been one of the most controversial health issues in the Nigerian society. It is
even perceived to be a taboo except if it is performed to save the life of a
woman.
According
to a research made by the Guttmacher Institute in 1996 as revealed by wikipedia,
Nigerian women obtain approximately 610,000 abortions, a rate of 25 abortions
per 1,000 women aged 15–44 each year. These figures are estimated to have
increased to 760,000 in 2006. The research further revealed that only 40% of
abortions are performed by physicians with improved health facilities while the
remaining percentage is performed by non-physicians.
What does Nigerian law say about
abortion?
Nigeria
constitution has two abortion laws: one
for the northern states and one for the southern states. Both laws specifically allow abortions to be
performed to save the life of the woman.
In addition, in the southern states, the holding of Rex v. Bourne is
applied, which allows abortions to be performed for physical and mental health
reasons.
Two
physicians are required to certify that the pregnancy poses a serious threat to
the life of the woman.
Abortion
in Nigeria is governed by two different laws. In the predominantly Muslim
states of Northern Nigeria, which contain about half the population of the
country, the Penal Code, Law No. 18 of 1959, is in effect. In the southern part of the country, which is
largely Christian in religion, the Criminal Code of 1916 is in effect. While
both Codes generally prohibit the performance of abortions, differences in the
wording of the Codes, as well as in their interpretation, that have resulted in
two slightly different treatments of the offence of abortion.
Under the Penal Code an abortion may be
legally performed only to save the life of the pregnant woman. Except for this
purpose, a person who voluntarily causes a woman with child to miscarry is
subject to up to fourteen years’ imprisonment and/or payment of a fine. A woman
who causes her own miscarriage is subject to the same penalty. Harsher
penalties are applied if the woman dies as a result of the miscarriage.
Section
297 provides that “a person is not criminally responsible for performing in
good faith and with reasonable care and skill a surgical operation...upon an
unborn child for the preservation of the mother’s life if the performance of
the operation is reasonable, having regard to the patient’s state at the time and
all the circumstances of the case”. Any person who, with intent to procure the
miscarriage of a woman, unlawfully administers to her any noxious thing or uses
any other means is subject to fourteen years’ imprisonment. A woman who undertakes the same act with
respect to herself or consents to it is subject to seven years’ imprisonment.
Any person who supplies anything knowing that it is intended to be unlawfully
used to procure a miscarriage is subject to three years’ imprisonment.
