ANALYSING THE DILEMMA OF ABORTION AND ITS LEGAL PERSPECTIVE IN NIGERIA

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ABSTRACT

The practice of abortion predates contemporary times, tracing its origin to the ancient Greece, where unwanted children were terminated before birth in a complicated and painful process. Modern evolutions in science and medicine have made the practice easier to conduct which overall, has cause an increase in the frequency of this procedure. Along the course of development of this controversial practice, concerns were raised. Pro-life theorists and moralists alike condemned it, stating that it is murder and saw no justifications for the act. On the contrary, proponents of the theory of freewill and determinism argued that bodily autonomy is a natural outcome of self-determination, and thus, abortion should be lawful on those grounds. In Nigeria, the act of abortion is considered illegal and is punishable by a significant prison term of up to 14 years, except in cases where the life of the pregnant woman is at risk. The phenomenon of abortion has presented itself to be a great challenge Nigeria for a long time, owing to the fact that despite the strict laws present, a substantial number of clandestine abortions continue to take place regularly, often resulting in severe consequences for the well-being and health of the women involved. Quackery practices have increased mortality and thus made abortion unsafe and life-threatening. Currently, about 75% of global maternal deaths are due to unsafe abortion. Alongside the restrictive laws, the Incidence of unsafe abortion in Nigeria has also been associated with the lack of adequate health care resources and infrastructure. The existence of this plethora of issues prompted the need for this research. Thus, this work shall delve into the conceptual and theoretical views on abortion, examine the legislative framework for abortion in Nigeria as well as its outstanding defects as relating to real life schemes. Relevant court decisions on the subject would also be explored, thereafter, the abortion legislations of a select few countries shall be insightfully examined. Finally, the research work shall posit for a reconsideration of the existing abortion policy by suggesting practical recommendations for the improvement, and possible reform of abortion laws in Nigeria.

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