by Omowunmi Oladokun
The Criminal Code in Nigeria frowns at Abortion in Nigeria absolutely and It states that it is illegal.
Section 228: Any person who, with intent to procure miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, is guilty of a felony and is liable to imprisonment for fourteen years.
i.e Any doctor /nurses/ quack who attempts to or successfully abort a woman’s pregnancy is guilty of a felony and faces up to 14 years imprisonment.
Section 229: Any woman who, with intent to procure her own miscarriage, whether she is or is not with child, unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, or permits any such thing or means
i.e A pregnant woman who attempts to or successfully aborted her own pregnancy is guilty and faces up to 7 years imprisonment.
Section 230: person who unlawfully supplies to or procures for any person any thing whatever, knowing that it is intended to be unlawfully used to procure the miscarriage of a woman, whether she is or is not with child is guilty of a felony and is liable to imprisonment for three years.
The offender cannot be arrested without warrant.
i.e Supplying drugs or instruments knowing they will be used for an unlawful abortion is a felony and is liable up to 3 years imprisonment and cannot be arrested without warrant.
It states that it is absolutely illegal in Nigeria including the doctor, the pregnant woman or the abortion pill seller and it doesn’t matter the stage of the pregnancy (whether it is still blood or grown foetus) and The only exception it gives to the rule is pertaining to the woman’s health:
Section 297: A person is not criminally responsible for performing in good faith and with reasonable care and skill a surgical operation upon any person for his benefit, or upon an unborn child for the preservation of the mother’s life, if the performance of the operation is reasonable, having regard to the patient’s state at the time and to all the circumstances of the case.
i.e Any surgical operation done in good faith to save a woman’s life is allowed and is not punishable under law.
There are no clearly cited judicial precedent on abortion in Nigeria. One prominent uncited cases and these are what the court held:
In June 2025, The Hon. Justice delivered a judgment affirming that when a woman or girl is impregnated through rape, forcing her to keep the pregnancy is against her fundamental rights. For the first time, a Nigerian court ruled that pregnancies arising from sexual violence/rape causes harm not only a woman’s body but also her mental well-being.
In the foreign case of Norma v. Ecuador(2025). A young girls of 13 years who was forced to carry pregnancy resulting from rape to term. The International Court held that : forcing victims of rape to endure unwanted pregnancies and subsequent forced motherhood violates the right to life with dignity (Article 6 of the ICCPR).
Foreign Case of R V Mongetaler prosecutes doctors and Nurses for illegal abortion and termed it a Felony.
In R V Towers, The US Crown Court prosecuted a woman who obtained abortion pills online .
In R V Price (2012) : the defendant was prosecuted for manslaughter because he supplied drugs/ instrument for abortion.
In conclusion, the legislation on abortion is clear in Nigeria but abortion is still at its peak and it suffices to state that it has not reduced it to one bit in Nigeria.
