The Senate on Tuesday suspended deliberations on the Criminal Code Amendment Bill following sharp divisions among lawmakers over provisions that criminalise the supply of drugs or instruments used to perform abortions.
The bill, which originated from the House of Representatives, seeks to amend Nigeria’s Criminal Code Act to reflect current economic realities. 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, offenders who supply drugs or equipment for abortion would face a 10-year jail term, up from the current three years, without the option of a fine.
However, the provision sparked confusion among senators, with several members questioning how to determine when an abortion is unlawful. Some argued that certain abortions are medically necessary or justified by economic or humanitarian reasons.
Senator Saliu Mustapha (Kwara Central) cautioned that abortion is sometimes recommended on health or religious grounds and should not always attract criminal sanctions. He urged his colleagues to review the section thoroughly before passage.
Similarly, Senator Abdul Ningi (Bauchi Central, PDP) warned that the amendment could discourage medical practitioners from advising patients with life-threatening complications, calling for further consultations to avoid endangering lives.
In response, Senate President Godswill Akpabio directed that consideration of the bill be suspended pending further clarification on what constitutes lawful and unlawful abortion. He referred the matter to the Senate Committee on Judiciary, Human Rights and Legal Matters, which is expected to report back within two weeks.
Abortion in Nigeria is currently permitted only when performed to save the life of a pregnant woman. The country’s legal framework is based on the Criminal Code Act (applicable in the South) and the Penal Code (applicable in the North).
Despite these restrictions, unsafe abortions remain widespread, often carried out by unqualified persons under poor sanitary conditions. Health experts, including the Guttmacher Institute, estimate that thousands of Nigerian women undergo unsafe abortions each year, contributing significantly to the country’s high rates of maternal mortality and morbidity.
