ABSTRACT
Abortion is a procedure by which an embryo or foetus is removed from the uterus before it is viable to survive. In medical terms, while abortion may occur spontaneously in the form of a miscarriage, abortion may be induced medically or surgically. It is this induced abortion that is the focus of Abortion laws, as well this project. When abortion is induced medically, abortifacient drugs are administered to the mother at the early stage of the pregnancy, usually not over nine (9) weeks old; or when the mother desires an out-of-clinic treatment. A medical abortion has the risks of heavy bleeding, possible sterility, incomplete abortion, infection, blood clots in the uterus, et-cetera. On the other hand, a surgical abortion requires a dilation of the opening of the uterus and the use of a small suction tube to extract the premature foetus and other pregnancy related material.
This project shall examine if there are any legal provisions that ensure that the rights of foetus are properly protected in Nigeria. Although, it is the general position that every life whether born or unborn is to be protected at all cost, this paper seeks to discover if the life of a foetus is so infinitesimal that it can be discarded on the demands of Pro-choice advocates. Nigeria’s position on the sacredness of life is embedded in her legal system via the Constitution and other legislations like the Criminal Code and the Penal Code. This position fosters the criminalisation of offences like abortion, murder, suicide, etc. Regarding abortion, Sections 229-230 of the Criminal Code Cap C38 LFN 2010 as applicable in Southern Nigeria, and Sections 232-234 of the Penal Code applicable in Northern Nigeria criminalize the act of procuring or aiding an abortion.
On the other hand, persons known as ‘Pro-choice’ advocates demand for the liberalization of the Abortion Laws in Nigeria, on grounds that abortion forms part of a woman’s body and reproductive rights; that it fosters gender equality; that access to legal abortion would reduce maternal death rate, amongst others. By this long essay I shall be objectively responding to the controversial debate on the Liberalization of Abortion Laws in Nigeria by reaffirming the rights of the foetus in question and doing a critique on the arguments in support of pro-choice debates with the aim of providing scholarly reasons why their views should not hold sway
