Authored By: Ngo-Herbert Ruby
Rivers State University
- ABSTRACT.
Man is as an embodiment of rights. The preamble to the American Declaration of Independence 1776, asserts that these rights are endowed on man by his creator are thus inalienable. While many of these rights are enjoyed simply by virtue of being human, while others are reserved for citizens of particular nations. Among the endless list of rights, the right to life remains one of the most debated – whether the grant if this right is based on moral considerations or purely legal constructs.
Practices such as abortion and euthanasia directly challenge the principles underlying the right to life. In some countries, such as Nigeria, these practices are largely prohibited, while other jurisdictions allow them under specific conditions. This paper seeks to examine the legal reasoning behind the prohibition of abortion and euthanasia in Nigeria, exploring how law and morality intersect in safeguarding the right to life.
- INTRODUCTION
“A time to be born and a time to die” is a widely known phrase amongst the constantly growing global population. While the day of a person’s death is naturally supposed to be uncertain, some states have granted their citizens the freedom to choose when to die, or, in cases of an abortion when a child’s life ends. However, this freedom is in its entirety contrary to the right to life, encapsulated in international instruments such as the Universal Declaration of Human Rights (UDHR) – the world’s most accepted documents on human rights – the African Charter on Human and Peoples’ Rights (ACHPR), and national constitutions.
In Nigeria, the right to life upheld under Section 33(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). This section provides that no one shall be intentionally deprived of life, except in the execution of a court sentence following conviction for a criminal offense. This right is recognized international instruments like Article 3 of the UDHR and Article 4 of the ACHPR, showing universal commitment to protecting human life.
Despite efforts to curb them, euthanasia (or mercy killings) and abortions have become increasingly frequent and are often perceived as “necessary evils” in society. Their practice has sparked global controversies, particularly regarding whether the reasoning for their prohibition.
- RIGHT TO LIFE IN NIGERIA
The right to life is the belief that every human being has the inherent right to live and should not be killed by another entity. Like other democratic constitutions, the Nigerian Constitution provides a series of rights, some exclusive to Nigerian citizens, most of which are derived from ratifications of international treaties to which Nigeria is a party. These rights are intended to promote the welfare of citizens and are encapsulated in Chapter IV of the Constitution, which includes the right to life. Section 33 qualifies this right to a limited extent, allowing for circumstances such as the execution of a court sentence for a criminal offense, the defense of persons and property, the suppression of riots or insurrections, and the effecting of lawful arrests.
Apart from the constitution, the Criminal Code Act, which is applicable to only the Southern part of Nigeria also criminalize acceleration of death and abortions- except to save the mother’s life, prescribing a penalty of three (3) to fourteen (14) years imprisonment for any attempt at abortion either by the mother or any other person. This provision is further reinforced by the Penal Code applicable to the northern part of Nigeria.
- LEGAL REASONING AGAINST ABORTION
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus or with regard to popular usage, a deliberate action to end a pregnancy. From time immemorial, abortion has held an illegal status in Nigeria and is often viewed as an extension of murder under moral and religious perspectives. Legally, however, abortion is governed by statutory provisions rather than moral sentiment.
The main legal frameworks criminalizing abortion in Nigeria is the Criminal code (applicable to the Southern part of Nigeria) particularly Sections 228–230 and Sections 232-234 of the Penal Code (applicable to the Northern part of Nigeria). These provisions prescribe penalties ranging from three (3) to fourteen (14) years imprisonment for procuring tools for, assisting or attempting abortion.
Despite this general prohibition, Nigerian law recognizes the primacy of the mother’s right to life under Section 33 of the Nigerian Constitution. Consequently, where a medical practitioner reasonably believes that terminating a pregnancy is necessary to preserve the mother’s life, such an act is lawfully justified. This principle was first judicially recognized in the English case of R v Bourne. In this case, a fourteen years old girl was rape and became pregnant as a result. An eminent gynecologist performed an abortion on her and was charged with the offence of conducting an illegal abortion. The English court in acquainting the doctor held:
“If the doctor is of the opinion, on reasonable grounds and with adequate knowledge, that the probable consequence of the continuance of the pregnancy will be to make the woman a physical or mental wreck, the jury are entitled to take the view that the doctor is operating for the purpose of preserving the life of the mother”
Nigerian courts have adopted this reasoning to guide medical practitioners on the narrow circumstances under which abortion may be legally permissible.
- LEGAL REASONING AGAINST EUTHANASIA
Euthanasia (or mercy killing) is a deliberate act of accelerating a person’s death, usually done when a person is terminally ill or elderly. The purpose of this practice is to relieve the said person from pain or suffering. There are different type of euthanasia which include Physician-Assisted Suicide (PAS) or active euthanasia, where a doctor provides a patient with lethal drugs to end his life; Passive euthanasia, where the doctor or physician withholds or limits life-saving treatment; and voluntary and non-voluntary euthanasia, which involves the patient or someone else (usually guardians, spouses or children (in cases of elderly patients) requesting to end their life.
While this practice is legal in jurisdictions like the United States (U.S), Canada, Belgium etc., it is highly forbidden in Nigeria. Although the word ‘euthanasia’ is not expressly stated in any Nigeria legislation, an extension of the term can be drawn from Section 311 of the Criminal Code, which criminalize the acceleration of a person’s death.
The legal reasoning for this prohibition in Nigeria, lies in the sanctity of human life, guaranteed under section 33(1) of the Nigerian constitution. The right to life is seem as sacred and inalienable and thus should be protected from beginning to its natural end. Permitting euthanasia, where would no doubt belittle this constitutional guarantee and pave way to potential abuse under the guise of compassion.
In essence, Nigeria’s legal framework emphasizes that no individual, including a medical practitioner or family member, has the legal right to terminate another’s life, regardless of their noble the intention. The right to life, once granted, can only be lawfully taken away by the state in accordance with the law and following due process.
- A THIN LINE
The principles of law and morality – whether religious or social – may sometimes overlap and become difficult to distinguish. Though more often than not, what is moral may not be legal and vice versa especially as modern states lean towards a positivist angle where the validity of law is not dependent on its moral content but on its enactment by a competent body.
In the context of euthanasia and abortion, the basis for their prohibition in Nigeria reflects this delicate balance. While these acts raise profound moral, ethical, and religious debates, their illegality under Nigerian law stems primarily from legal positivism, the constitutional duty to protect life, and Nigeria’s international human rights obligations under instruments such as the Universal Declaration of Human Rights (Article 3) and the African Charter on Human and Peoples’ Rights (Article 4).
Thus, the Nigerian legal system upholds the sanctity of life not merely as a moral value but as a legal and international obligation, anchoring the protection of life within both domestic law and the global human rights framework.
- CONCLUSION
Despite the fact that there are no case laws on the issue of abortion or euthanasia in Nigeria, the legal reasoning for the prohibition of these acts can be construed from statutory provisions- particularly Section 33(1) of the Nigerian constitution. This section highlight the worth of life in the Nigerian context, emphasizing that it is sacred and inalienable – a concept equally celebrated and advocated for by international bodies such as the United Nations.
As the society continues to evolve, its values, norms and ethics also follow in the flow of dynamism to tackle novel challenges and setbacks. Nigeria, in the very near future will inevitably be confronted with fresh arguments on the issue of the legality of abortion and euthanasia. The solution to this likely future challenge lies in balancing legal duty, moral conviction, and compassion within a framework that respects human dignity and international obligations. Whether through reform or reaffirmation, the law must continue to reflect both the value of life and the realities of human suffering, ensuring that justice remains both humane and principled.
- BIBLOGRAPHY
Primary Sources
- Cases
R v Bourne [1938] 3 All ER 615 (UK) https://www.e-lawresources.co.uk/r-v-bourne-1938#google_vignette accessed 3 November 2025.
- Legislation
Criminal Code Act, Cap C38, Laws of the Federation of Nigeria 2004.
Penal Code (Northern States) Federal Provisions Act, Cap P3, Laws of the Federation of Nigeria 2004.
- Religious Texts
The Holy Bible, King James Version (Ecclesiastes 3:2).
Secondary Sources
- Websites and Online Articles
‘Abortion’ (Wikipedia, 2 November 2025) https://en.wikipedia.org/wiki/Abortion accessed 30 October 2025.
‘Right to life’ (Wikipedia, 2 November 2025) https://en.wikipedia.org/wiki/Right_to_life accessed 30 October 2025.
Kimberly Holland, ‘Euthanasia: Types, Legal Status, Facts, and Controversy’ (Healthline, 7 October 2024) https://www.healthline.com/health/what-is-euthanasia accessed 1 November 2025.
