…“Abortion might sometimes be recommended on health or religious grounds … such cases should not automatically be considered criminal.” — Saliu Mustapha (Kwara Central Senator)
“If left vague, the provision could put doctors in a difficult position when they need to save a woman’s life through abortion. The law must clearly define what constitutes an unlawful abortion.” — Abdul Ningi (Bauchi Central Senator)
During recent deliberations on the Criminal Code (Amendment) Bill 2025 in the Senate, the urgency of recognizing abortion in specific, medically or religiously justified circumstances as legitimate healthcare was underscored by some lawmakers. One of them, Saliu Mustapha of Kwara Central, argued strongly that “abortion might sometimes be recommended on health or religious grounds,” and cautioned that such cases should not automatically be labeled criminal.
The proposed amendment, introduced by the House and forwarded to the Senate, seeks to raise the penalty for anyone supplying drugs or instruments for abortion from the current three-year sentence to a harsh ten-year jail term with no option of a fine.
But during plenary, lawmakers, including Abdul Ningi (Bauchi Central) expressed deep concern over the bill’s vague language and its potential to criminalize essential medical care. Ningi warned that the amendment could deter doctors from intervening when women need urgent, life-saving medication or abortion services.
As confusion reigned over what the bill defines as “unlawful abortion,” the Senate opted to suspend further consideration of the abortion clause and referred it to the Committee on Judiciary, Human Rights and Legal Matters for more detailed review.
Why Abortion Must Be Understood as Healthcare — Not Crime
- Nigeria’s maternal mortality crisis is not abstract: many deaths are directly linked to unsafe abortions resulting from restrictive laws and lack of safe, legal options.
- For many women, whether victims of rape, those facing health threats such as hypertension or fetal abnormalities, or those unable financially or socially to carry a pregnancy, the path to a safe abortion is effectively blocked. When legal and medically supervised options are closed, they are forced into unsafe, clandestine procedures that carry grave risks.
- Under laws that criminalize abortion broadly, providers are deterred: pharmacies may hesitate to dispense safe medications, doctors may refuse life-saving interventions, and clinics may stop offering services altogether. The result? Danger, especially for poor women who cannot afford to travel abroad or pay for discreet private care.
- In effect, such laws deepen inequality: wealthier women may find safe means, while the poor are left to risk their health or their lives.
What the Recent Debate in the Senate Revealed
- The attempt to stiffen penalties for abortion-related activities. including supplying abortion drugs or instruments, triggered warnings from lawmakers that it risks criminalizing legitimate healthcare.
- Some senators, including Mustapha and Ningi, urged that the law make exceptions or at least clearly define when abortion is medically or morally justified.
- The decision to step down and refer the controversial clauses to specialized committee indicates that even within the legislature there is recognition of the complexity and high stakes involved.
