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Abortion Clause Stalls Criminal Code Amendment As Health Experts Raise Concerns

ByOnline Editor

PublishedFebruary 5, 2026

Temitope Mosadomi

‎The Nigerian Senate has suspended deliberations on the Criminal Code Amendment Bill 2025 following widespread concerns over a controversial provision seeking to impose stiffer penalties for abortion.
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‎The bill, introduced to modernise Nigeria’s criminal justice system and strengthen sanctions for sexual offences, proposed increasing the punishment for abortion from three years’ imprisonment to ten years, without the option of a fine.
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‎Lawmakers, however, raised objections over the vague definition of “unlawful abortion” and warned that the provision could expose medical practitioners to prosecution, even in emergency or life-saving situations. The abortion clause has since been referred to a Senate committee for further review.
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‎Nigeria’s abortion laws, largely inherited from colonial-era legislation, differ slightly across regions. In southern states operating under the Criminal Code, abortion is criminalised except where it is necessary to save a woman’s life.
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‎Northern states governed by the Penal Code maintain similar restrictions, though the law explicitly allows abortion to preserve the woman’s life. Lagos State also operates medical guidelines permitting abortion to protect a woman’s life and physical health, but healthcare providers remain cautious due to fears of legal consequences.
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‎Despite these restrictions, public health experts estimate that about 1.25 million abortions occur annually in Nigeria, most of them under unsafe conditions. Unsafe abortion remains a major contributor to maternal mortality nationwide. Investigations at local pharmacies show that misoprostol, a drug commonly used to induce abortion, is readily available without prescription and sells for as little as ₦250.
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‎Health professionals argue that criminalisation has not reduced abortion rates but has instead driven the practice underground. They maintain that abortion, when properly regulated and carried out by trained professionals, is a recognised medical procedure within reproductive healthcare.

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‎A young graduate who spoke on condition of anonymity said she underwent an abortion at a private hospital in Osogbo after becoming pregnant by her boyfriend, who later denied responsibility. She said fear prevented her from informing her parents and that she was deeply anxious about possible complications. Although the procedure was successful, she said the experience left her emotionally distressed.
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‎Commenting on the bill, the Director of Public Health at the Osun State Ministry of Health, Dr. Akeem Bello, said the abortion debate continues to generate strong and often polarising views across the country. He urged lawmakers to approach the issue cautiously, noting that while unwanted pregnancies should be prevented, certain medical complications may necessitate abortion to save a woman’s life.
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‎Dr. Bello also stressed the importance of public education and access to family planning services to reduce the incidence of unsafe abortions.
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‎A midwife, Mrs. Abisola Ilori, warned that stiffer abortion penalties could worsen Nigeria’s already high maternal mortality rate. She said many maternal deaths are linked to unsafe abortions and cautioned that stricter laws could discourage women from seeking timely medical care while placing healthcare workers at legal risk.
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‎Similarly, a consultant gynaecologist, Dr. Bolaji Adewale, urged the government to focus on penalising unqualified practitioners rather than criminalising legitimate medical services. He warned that the proposed amendment, if not carefully reviewed, could compound the country’s reproductive health challenges.
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‎As the Senate committee continues its review, the national conversation remains divided along moral, religious and public health lines, with growing calls for a legal framework that balances ethical concerns with the need to protect women’s lives.