Nigeria’s restrictive abortion law, which only allows termination of pregnancy when the mother’s life is at risk, contributes to widespread unsafe abortions, negatively affecting survivors of rape, incest, and other forms of sexual violence.
However, the June 2025 ruling by the Federal High Court sitting in Abuja is a historic landmark in the fight against policies that violate women’s rights.
The High Court affirmed that pregnancies resulting from sexual violence violate women’s rights to physical and mental health, adding that survivors are entitled to safe abortion as part of their fundamental human rights.
The case, filed by the Reproductive Justice Initiative Foundation (RJIF) with support from the Centre for Reproductive Rights (CRR), challenged the injustice of forcing survivors to carry unwanted pregnancies. The Court agreed, acknowledging not only the physical toll but also the psychological harm, which places dignity, autonomy, and health at the centre of reproductive rights in Nigeria.
“This decision is a major step forward in protecting the health and dignity of Nigerian women and girls,” said Bada Olasupo, Executive Director of RJIF. “By recognising that pregnancy resulting from sexual violence violates the right to physical and mental health, the Court has expanded legal protections for survivors, ensuring their access to safe abortion.”
This ruling also spotlights Nigeria’s regional and international commitments.
Recall that the country has ratified the African Charter on Human and Peoples’ Rights and the Maputo Protocol, both of which affirm the right to health, dignity, and bodily autonomy. The Maputo Protocol, in particular, obliges states to permit abortion in cases of rape, incest, or health threats; however, Nigeria has yet to fully reflect these obligations in domestic law. To this end, by recognising safe abortion as a health right in cases of sexual violence, the Court has opened the door for aligning national law with these regional standards.
Consequently, Nigeria must domesticate the Maputo Protocol into national law, expand legal grounds for abortion, strengthen healthcare services, and roll out awareness campaigns that tackle stigma and educate women on their rights.
The Court’s decision is a breakthrough that reframes reproductive rights in Nigeria not as a privilege, but as a fundamental guarantee.
To truly safeguard the dignity and autonomy of Nigerian women and girls, the government must take concrete steps to reform abortion laws, strengthen healthcare systems, and align with its regional and international commitments.