Survivors of Rape, Incest Sue Federal Government Over Denial of Medical Care

…case set to test Nigeria’s commitment to women’s health, rights

Survivors of rape and incest have dragged the Federal Government of Nigeria before the Federal High Court in Lagos, accusing it of failing to uphold their constitutional and human rights by denying them access to comprehensive medical care, including safe abortion services, after experiencing sexual violence that resulted in unwanted pregnancies.

The suit — No. FHC/LAG/2025 — has been assigned to Hon. Justice A. Lewis-Allagoa and is scheduled for mention today, Thursday, November 6, 2025, at the Federal High Court, Ikoyi.

Filed through their legal representatives — Prof. Yemi Oke (SAN), Dr. Olayinka Owoeye, and Dr. Abiola Akiyode-Afolabi, a leading women’s rights advocate — the case seeks judicial interpretation and enforcement of survivors’ rights to comprehensive medical assistance as guaranteed under the 1999 Constitution, Violence Against Persons (Prohibition) Act (VAPP) 2015, and relevant international treaties ratified by Nigeria.

According to the plaintiffs, the Nigerian government has neglected its duty to provide adequate medical, psychological, and reproductive health services for survivors of sexual violence — a failure they say amounts to a violation of their right to life, dignity, and health.

“I did not choose violence. I did not choose the trauma that changed my life. But I choose to fight so no other girl or woman is abandoned by the system that is meant to protect us,” said one survivor.

Another survivor, a university student who became pregnant after being raped, recounted how she was left without access to medical or psychological support.

“What happened to me was already painful. Being denied medical help made it worse. Survivors deserve care, respect, and choices — not silence and suffering,” she said.

The applicants cite Sections 33, 34, and 35 of the Nigerian Constitution, alongside the African Charter on Human and Peoples’ Rights, Maputo Protocol, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and International Covenant on Economic, Social and Cultural Rights (ICESCR) — all of which affirm state responsibility to ensure access to health and reproductive services for victims of violence.

The suit asks the court to declare that:

• Victims of rape and incest have a legally enforceable right to safe termination of pregnancy arising from sexual violence;
• The government has a statutory obligation to provide comprehensive medical care, including emergency treatment, counselling, and reproductive health services; and
• The term “comprehensive medical assistance” under Section 38 of the VAPP Act includes information and access to safe medical abortion services for survivors.

Speaking through their advocates at the Women Advocates Research and Documentation Centre (WARDC), the survivors said their fight is not only for personal justice but for systemic reform to ensure that future victims of rape and incest are not left without care or protection.

“I survived the rape. I survived the shame. But I should not have to survive government neglect too. No one should be forced to carry trauma in their body when the law says we deserve care,” said another survivor, her voice breaking with emotion.

WARDC, which is championing the case, said the lawsuit is a watershed moment for gender justice and women’s health rights in Nigeria.

“This case will test the Nigerian state’s commitment to its own laws and to international human rights standards,” WARDC stated. “Every survivor deserves dignity, care, and justice, not abandonment.”