THE RIGHT OF WOMEN TO A SAFE MEDICAL ABORTION IN NIGERIA

DOROTHY BEBE vs THE FEDERAL REPUBLIC OF NIGERIA ECW/CCJ/APP/48/2023                                        

Having regard to Nigeria’s domestication of the African Charter ratification of the Maputo Protocol to the African Charter s on the Rights of Women in Africa, the Provisions of the Maputo Protocol can validly be said to be operative in the determination of Sexual and Reproductive Health and Rights of Women in Nigeria and the Respondent having failed to provide the means of accessing safe abortion within its borders, has occasioned a gross violation of the Applicant’s human rights, specifically  Sexual and Reproductive Health and Rights.

The Applicant, a minor who became pregnant as a result of rape, faced community stigma and ostracization, leading to severe mental anguish. The lack of legal support for safe medical abortion in Nigeria prevented her from accessing a reputable medical facility for a safe procedure. Consequently, she was forced to endure significant emotional and mental trauma, further exacerbated by physical stress due to inadequate nutrition, and lack of antenatal, natal, and postnatal care. Ultimately, she was compelled to give birth to a child with whom she has no maternal attachment. Article 14(2)(c) of the Maputo Protocol, ratified by Nigeria in 2004, mandates that states protect women's reproductive rights by allowing medical abortion in cases of sexual assault, rape, incest, or when the pregnancy endangers the mother's mental or physical health. Despite this, abortion remains criminalized in Nigeria, even after the protocol's ratification in 2004, with no provisions for safe abortion services.

Lawyers Alert, upon being contacted, instituted an action against the Federal Republic of Nigeria at the Ecowas Court of Justice, seeking  the law following reliefs with regard to:

(a) AN ORDER mandating the Respondent to repeal Sections 228-230 of the Criminal Code Act and 297 of the Penal Code Nigeria, Cap. 89 Of Northern Nigeria 1963, same being incompatible with the African Charter on Human and People’s Rights and the Maputo Protocol and other international human rights instruments

(b) AN ORDER directing the Respondent to repeal, amend and bring its laws in-tandem with the provisions of the international instruments and particularly the Maputo Protocol.

(c) AN ORDER mandating and compelling the Respondent to effectively enact and implement laws, regulations and safeguards in order to meet its obligations under international human rights laws, including under the African Charter, the ECOWAS revised treaty and the Maputo Protocol

OUTCOME:

The Suit is ongoing and updates will be given as they emerge