Reps Proposes Law To Protect Pregnant Women On Death Row
The House of Representatives has proposed a constitutional amendment to protect unborn children of pregnant women sentenced to death.
The move follows the adoption of a bill by the House Committee on Constitution Review, chaired by Deputy Speaker Benjamin Kalu.
The bill seeks to amend Section 33(1) of the 1999 Constitution, which currently states, “Every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of a sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria.”
Under the proposed amendment, a new subsection (1A) would read: “Notwithstanding the provisions of subsection (1) of this section, where a pregnant woman is convicted of an offence punishable by death, and it is proved to the satisfaction of the court that she is pregnant, the court shall sentence her to life imprisonment.”
Senior Advocate of Nigeria Mike Ozekhome praised the initiative as progressive and humane, emphasising that an unborn child has the right to life independent of the mother’s actions.
He told PUNCH, “Killing a condemned mother is tantamount to double killings, one justified as relating to the lawfully condemned mother, and the other tantamount to brazen murder as regards the innocent unborn child who had not been arraigned, tried and found guilty.”
Ozekhome cited the 14th Amendment of the United States Constitution, which guarantees “equal protection of the laws,” and referenced Psalm 139:13–16 on the creation of life in the womb.
Constitutional lawyer Abdul Mahmud also supported the amendment, describing it as “a humane attempt to reconcile criminal justice with the sanctity of life.”
He added, “By commuting the sentence to life imprisonment, the amendment affirms that punishment should remain personal and proportionate, while aligning constitutional practice with international human rights norms. It also raises questions about the continued ethical justification of the death penalty in Nigeria.”
In a related move, the House proposed a new Section 33A (1–3) to guarantee every Nigerian the right to a clean and healthy environment.
The proposed provision states: “Every person has the right to live in a clean, safe and healthy environment free from harmful pollution, degradation and hazards that could negatively impact their health, well-being or quality of life. This right includes access to information about environmental conditions, participation in decisions affecting the environment, and holding those responsible for environmental harm accountable. The state shall adopt policies to promote sustainable development, ensuring the needs of present and future generations are met without compromising ecosystem integrity.”
Titilope Adako is a talented and intrepid journalist, dedicated to shedding light on the untold stories of Osun State and Nigeria. Through incisive reporting, she tackles a broad spectrum of topics, from politics and social justice to culture and entertainment, with a commitment to accuracy, empathy, and inspiring positive change.
