In Nigeria, the decision to seek an abortion is a complex one. On one hand, abortion seekers have to deal with a restrictive legal landscape; and, on the other hand, they have to struggle against social stigmas and economic pressures. For many, navigating this is a challenging experience, where health risks and financial burdens intersect with judgment and shame.
In this blog, we shed light on the realities of abortion in Nigeria, diving into the important laws and statistics and exploring the barriers people face in accessing safe reproductive care.
Rules and Regulations
The legal status of abortion in Nigeria is mainly governed by two frameworks: the Criminal Code and the Penal Code, which apply to different regions of the country. The Criminal Code, applicable in the southern states, explicitly prohibits abortion. Specifically, Section 228 makes it a felony, punishable by 14 years of imprisonment for anyone who induces a miscarriage unlawfully. Section 229 penalizes those who attempt to procure their own miscarriages with a penalty of seven years of imprisonment. Section 230 criminalizes the supply of drugs or instruments intended for abortion, punishable by up to three years of imprisonment.
The Penal Code, which governs the northern states, reflects similar prohibitions against abortion. Section 232 prohibits causing a person to miscarry unless done in good faith to save the person’s life, with penalties of up to 14 years of imprisonment. Section 233 criminalizes actions that cause a person’s death while attempting to induce a miscarriage, imposing penalties of up to 14 years of imprisonment or life imprisonment if the act is done without consent. Section 234 addresses cases where a miscarriage occurs unintentionally due to force, with penalties of up to three years or five years if the offender knew the person was pregnant.
In addition to the Criminal and Penal Codes, there is also the Sharia Penal Code Law of 2001 implemented in the Bauchi State. This law outlines various offenses related to abortion in sections 208, 209, 210, 211, and 212. The substance of this law closely mirrors those found in sections of the Penal Code, with the primary distinction being the penalties assigned to each offense.
Exceptions to these restrictive laws exist but are limited in scope. Both the Criminal and Penal Codes permit abortion only in specific circumstances: primarily when the life of the mother is in serious jeopardy. However, interpretations of the laws can vary, leading to uncertainty about what constitutes a legitimate threat to the mother’s health. In some cases, there may be considerations for preserving the mother’s physical or mental health; but, these conditions are often not clearly defined within the legal texts leading to further complications for those seeking safe reproductive health care.
Abortion and Society
Societal attitudes toward abortion are heavily influenced by traditional values that prioritize family and childbearing, with many communities viewing having children as a fundamental aspect of womanhood. Consequently, any deviation from this norm can lead to social stigma, resulting in people who seek abortions facing ostracism, judgment, or a loss of social status. This stigma can create reluctance to discuss the options available or seek safe services.
Furthermore, the levels of education and awareness about reproductive health significantly impact how abortion is perceived. In many regions, there is limited access to comprehensive sex education and reproductive health information, which contributes to misconceptions about abortion. As a result, abortion seekers may lack knowledge about their reproductive rights and the available services, which can lead to unsafe abortion practices. Economic factors also play a role as poverty may lead people to seek abortions due to the financial burden of raising children. Similarly, economic hardship can limit access to safe abortion services, forcing people to resort to unsafe methods.
Religious influences further complicate the issue, with Nigeria’s top religions—Islam and Christianity—shaping public opinion and policymaking. The Christian teachings that emphasize the sanctity of life and the Islamic beliefs that permit abortion only under certain conditions, such as when the mother’s life is at risk, are often weaponized to prevent abortion. Religious groups wield considerable influence over political discourse, with many politicians aligning themselves with dominant religious views to secure support from constituents, perpetuating restrictive abortion laws.
New Developments
In recent years, there have been renewed efforts by some lawmakers and civil society organizations to amend existing laws governing abortion in Nigeria with initiatives aimed at decriminalizing the practice and broadening access to reproductive health services. For example, in October this year, during a sexual and reproductive health and rights (SRHR) summit, Barrister Nma Ogbonna from the Federal Ministry of Health said the government is working towards expanding access to safe abortion in the country.
Advocates of decriminalizing abortion argue that such changes are essential for safeguarding health and rights. This discussion has increasingly been framed within the context of public health, highlighting the dangers of unsafe abortions. Proponents believe that decriminalizing abortion and providing access to safe services could reduce health risks and promote overall public health.
However, strong opposition has also emerged from various religious groups advocating to maintain the existing laws that ban abortion. Responding to the statements of Barrister Nma Ogbonna, the Catholic Secretariat of Nigeria protested against the plan, calling it an attempt to promote “postmodern secularistic ideologies that significantly undermine the cultural, moral, and religious beliefs of Nigerian citizens.”
Unsafe Abortions
As in many countries, legal and social restrictions lead to unsafe abortions in Nigeria. According to a 2002 study, an estimated 610,000 unsafe abortions are carried out each year. This alarming statistic is coupled with the tragic fact that approximately 20,000 people die annually from complications arising from these unsafe procedures. Notably, around half of these fatalities occur among adolescents. The death rate from unsafe abortions in Nigeria is considered one of the highest in Africa.
In addition to maternal deaths, there are long-term health issues, including infertility, chronic pain, and psychological trauma. The high incidence of unsafe abortions also places a considerable burden on the country’s health-care system as hospitals frequently encounter patients suffering from complications such as hemorrhaging and sepsis.
Abortion Services
Despite the restrictive environment, there are various avenues available for individuals seeking a safe abortion. Since abortion is not completely illegal, hospitals and clinics provide abortion services that are safe and reliable and also include necessary postabortion care.
Additionally, several nongovernmental organizations are dedicated to providing safe abortion services and reproductive health support in Nigeria. Notably, Marie Stopes International operates medical centers across the country, offering a range of reproductive health services, including abortion and counseling. Another key player is IPAS Nigeria, which works to improve access to safe abortion and postabortion care while advocating for policy reforms.
There are also some youth-friendly health services that provide reproductive health support to the younger population. The Society for Family Health has a range of sexual and reproductive health programs that focus on educating young people about their reproductive rights and providing access to necessary information and services. Additionally, the Planned Parenthood Federation of Nigeria, with 20% youth representation in its governing body, promotes universal access to sexual and reproductive health services that are stigma-free, effective, and affordable for everyone.
The Cost of Abortion
In Nigeria, the cost of an abortion varies widely and is shaped by factors like location, the medical practitioner’s experience, and the specific type of procedure. Due to the restrictive legal environment, many abortions are performed in unregistered clinics or by individuals lacking medical certification, often under unsafe conditions. For instance, some abortion seekers have reportedly paid around 5,000 naira (around $3 USD) for procedures in makeshift facilities with limited medical oversight and substandard aftercare. In contrast, those able to afford higher-quality care in more secure and private settings often pay between 10,000 and 15,000 naira (approximately $6-$9 USD) or even up to 45,000 naira (around $27 USD) for services in cities like Lagos.
Things to Keep in Mind
If you are seeking an abortion in Nigeria or know someone who is, it is crucial to understand your legal rights. Familiarizing yourself with the country’s laws can empower you to make informed decisions about your reproductive health. While abortion is highly restricted, exceptions may apply in certain circumstances, such as when the mother’s life is at risk. Understanding these legalities can help you navigate the health-care system more effectively and identify options that are both safe and practical.
At the same time, it is essential to seek information from trusted sources. Relying on reputable organizations, health-care providers, or NGOs dedicated to reproductive health can help you access accurate and reliable information about available services. Misinformation can lead to dangerous choices, so turning to well-established organizations, such as those mentioned above, can provide the necessary guidance.
You can also reach out to us. At safe2choose, we provide scientific information and compassionate support regarding medical and surgical abortion options, including abortion pills and manual vacuum aspiration within the first 13 weeks of pregnancy. Our multilingual counselors and medical experts offer guidance via email and live chat, and, if needed, we refer users to trusted, pro-choice health-care providers in Nigeria.