Senate steps down bill proposing 10-year jail term for abortion offences
The Senate on Tuesday suspended consideration of the Criminal Code Amendment Bill following disagreements over provisions criminalising the supply of drugs or instruments used to conduct abortions.
The bill, which originated from the House of Representatives, seeks to amend Nigeria’s Criminal Code Act to align it with the country’s current economic realities.
During plenary, the Senate Leader, Opeyemi Bamidele, presented the concurrence bill alongside two others — the Federal Road Safety Corps (Amendment) Bill and the Dietician Council of Nigeria (Establishment) Bill.
Under the proposed amendment, lawmakers sought to increase the jail term for anyone found guilty of supplying drugs or instruments to procure abortions from three years, as contained in the existing law, to 10 years imprisonment without an option of fine.
However, confusion arose among senators over how to determine when an abortion is unlawful, with some members arguing that certain abortions may be necessary for medical reasons or due to economic hardship.
Kwara Central Senator, Saliu Mustapha noted that abortion might sometimes be recommended on health or religious grounds, adding that such cases should not automatically be considered criminal.
He urged his colleagues to thoroughly review the provision before passing it.
Bauchi Central Senator Abdul Ningi (PDP) shared similar concerns, warning that the amendment could discourage doctors from providing medical advice to patients with complications or good-faith reasons for seeking abortions.
He therefore called for the bill to be stepped down for further consultation to avoid endangering lives.
Responding to the concerns, the Senate President, Godswill Akpabio, proposed that consideration of the amendment be suspended pending further consultations to clarify what constitutes lawful and unlawful abortion.
The motion was adopted through a voice vote.
Mr Akpabio subsequently referred the bill to the Senate Committee on Judiciary and Legal Matters, directing it to review the contentious sections and report back within two weeks.
Abortion in Nigeria is largely restricted by law and is only permitted when carried out to save the life of the pregnant woman.
The country’s legal framework on abortion is primarily drawn from two statutes which are the Criminal Code Act (applicable in southern Nigeria) and the Penal Code (applicable in the northern states).
Despite these strict laws, unsafe abortions remain common across Nigeria, often performed by unqualified individuals or in unsanitary conditions.
According to health experts and studies by organisations such as the Guttmacher Institute, thousands of Nigerian women seek abortions every year, mainly due to unintended pregnancies, economic hardship, or health complications. Many of these procedures are unsafe, contributing significantly to maternal mortality and morbidity rates in the country.
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Advocates for women’s health have consistently called for clearer laws and improved access to reproductive health services, including family planning and post-abortion care, to reduce preventable deaths.
Life imprisonment for defiling minors
In a separate provision, lawmakers proposed life imprisonment for anyone found guilty of defiling minors, whether male or female.
They also recommended a 10-year jail term for any person whether male or female convicted of sexually abusing a person of the opposite sex.