LEGAL AND HUMAN RIGHTS IMPLICATIONS OF RESTRICTIVE ABORTION LAWS IN NIGERIA: A TRIPARTITE ANALYSIS OF THE INTERESTS OF THE WOMAN, THE FOETUS, AND THE PUTATIVE FATHER
Faculty
Department
Year of Publication
upload
Publication Type
Abstract
This study critically examines the legal and human rights implications of Nigeria’s
restrictive abortion laws through a tripartite analysis of the competing interests of the
woman, the foetus, and the putative father. The background establishes that Nigeria’s
legal framework, anchored in the Criminal and Penal Codes, is highly prohibitive, permitting abortion only to save the woman's life; this restrictive stance drives the high
incidence of unsafe abortions, contributing significantly to maternal mortality. The
central problem addressed is the profound normative conflict created by the law's
failure to equitably balance the woman's fundamental constitutional rights against the
moral and legal status of the foetus and the social and relational interests of the
putative father. Adopting a doctrinal and comparative methodology, the research
systematically analyzed Nigerian statutes, constitutional provisions, judicial precedents
like Medical and Dental Practitioners Disciplinary Tribunal v Okonkwo, and international
obligations, notably the Maputo Protocol. Findings confirm that the Nigerian framework
is contradictory: while the woman holds explicit, justiciable constitutional rights to life,
dignity, and autonomy, the foetus holds the status of potential life, and the father
possesses no legal right to veto. The study concludes that the law is fundamentally
unbalanced and in direct conflict with Nigeria's binding international human rights
commitments. To achieve a coherent legal framework, the research recommends
legislative modernization to align penal laws with Article 14(2)(c) of the Maputo Protocol (legalizing abortion for rape, incest, and health risk), urgent judicial activism to
interpret constitutional rights expansively, and statutory recognition of the biological
father’s moral and relational interest through veto consultation, safeguarded by
exceptions for domestic violence.
restrictive abortion laws through a tripartite analysis of the competing interests of the
woman, the foetus, and the putative father. The background establishes that Nigeria’s
legal framework, anchored in the Criminal and Penal Codes, is highly prohibitive, permitting abortion only to save the woman's life; this restrictive stance drives the high
incidence of unsafe abortions, contributing significantly to maternal mortality. The
central problem addressed is the profound normative conflict created by the law's
failure to equitably balance the woman's fundamental constitutional rights against the
moral and legal status of the foetus and the social and relational interests of the
putative father. Adopting a doctrinal and comparative methodology, the research
systematically analyzed Nigerian statutes, constitutional provisions, judicial precedents
like Medical and Dental Practitioners Disciplinary Tribunal v Okonkwo, and international
obligations, notably the Maputo Protocol. Findings confirm that the Nigerian framework
is contradictory: while the woman holds explicit, justiciable constitutional rights to life,
dignity, and autonomy, the foetus holds the status of potential life, and the father
possesses no legal right to veto. The study concludes that the law is fundamentally
unbalanced and in direct conflict with Nigeria's binding international human rights
commitments. To achieve a coherent legal framework, the research recommends
legislative modernization to align penal laws with Article 14(2)(c) of the Maputo Protocol (legalizing abortion for rape, incest, and health risk), urgent judicial activism to
interpret constitutional rights expansively, and statutory recognition of the biological
father’s moral and relational interest through veto consultation, safeguarded by
exceptions for domestic violence.
Supervisor(s)
co-supervisor


