For decades, survivors of rape and incest in Nigeria have faced a grim double burden: not only the trauma of violence but also the harsh reality of restrictive abortion laws and social stigma that force many to carry unwanted pregnancies. Now, a landmark Federal High Court judgment delivered in Abuja in June 2025 is poised to reshape the landscape of reproductive rights in the country, offering hope to thousands of women and girls who have long been denied justice and autonomy.
Hon. Justice Olotu’s ruling, hailed by advocates as groundbreaking, affirmed that requiring women or girls impregnated through sexual violence to continue their pregnancies violates their fundamental rights. For the first time, a Nigerian court officially recognized that the consequences of pregnancies resulting from sexual violence extend beyond physical harm, deeply affecting a survivor’s mental well-being as well. According to Reproductive Justice Initiative Foundation (RJIF Nigeria), which brought the case with support from the Centre for Reproductive Rights, this decision is more than a legal milestone—it is a beacon of hope for women’s and girls’ rights across Nigeria, aligning the country with the commitments enshrined in the Maputo Protocol.
The judgment set a critical legal precedent. As reported by the Centre for Reproductive Rights, it marked a significant stride toward safeguarding the bodily autonomy and dignity of Nigerian women and girls, particularly those who have suffered sexual violence. The court’s recognition of access to safe abortion as a fundamental human right for survivors is expected to prevent them from seeking unsafe abortions and ensure they receive proper medical care, as already guaranteed under Nigeria’s own Violence Against Persons Prohibition Act—but until now, only partially realized due to restrictive abortion laws.
Under current Nigerian law, induced abortion is permitted only when necessary to save a woman’s life, and it must be performed by a qualified medical practitioner. This narrow exception has left countless women, especially survivors of rape and incest, without safe options. According to 2019 data from the Population Reference Bureau, unsafe abortions account for roughly 5,000 maternal deaths in Nigeria each year—about 14 women dying every single day. The numbers are staggering: Nigeria records an estimated 1.25 million induced abortions annually, more than 60% of which are unsafe. Around 142,000 women are hospitalized every year with complications from unsafe procedures, and many do not survive. These are not just statistics—they represent daughters, sisters, and mothers whose rights and dignity have been systematically denied.
The impact of unsafe abortion falls most heavily on Nigeria’s most vulnerable populations: poorer women and girls, those with little or no education, and residents of rural areas who already struggle to access basic healthcare. Criminalizing abortion does not prevent it; it only drives the practice underground, making it more dangerous and contributing to Nigeria’s persistently high maternal mortality rate. As the Centre for Reproductive Rights points out, the court’s recognition of access to safe abortion as a fundamental human right is a lifesaving development for survivors, reframing reproductive healthcare as an issue of basic human dignity—not a crime or a privilege reserved for the wealthy.
Yet, as advocates warn, this legal victory will mean little unless it is translated into practical policy and implemented in health facilities and communities nationwide. One of the strongest tools for turning this precedent into reality is the Safe Termination of Pregnancy Guidelines (STOP), developed collaboratively by medical and gynaecology experts, policymakers, and human rights organizations in Nigeria. These nationally approved guidelines provide clear standards for healthcare providers, ensuring that survivors of rape and incest can access safe abortion services without unnecessary barriers. They offer clarity and protection to doctors and nurses while safeguarding the lives of women and girls.
Progress has already begun in some parts of the country. According to the Women Advocates Research and Documentation Centre (WARDC), states such as Ogun have started adopting the STOP guidelines, demonstrating that change is possible with political will. However, implementation remains inconsistent nationwide, and nowhere is this more evident than in Lagos State. In 2022, Lagos introduced its own STOP guidelines to reduce unsafe abortions and prevent maternal deaths. But within days of their launch, the state government suspended the guidelines, bowing to pressure from conservative groups. This abrupt suspension has left healthcare professionals uncertain and pushed women back into dangerous, clandestine procedures.
The Abuja ruling fundamentally alters this picture. According to Dr. Abiola Akiyode-Afolabi, WARDC Africa’s Founding Director, “Our plea to the Lagos State Government is simply to lift the suspension on the STOP guidelines immediately.” In an interview with the News Agency of Nigeria (NAN), she emphasized that reinstating the guidelines would help reduce maternal deaths caused by unsafe abortion procedures. She continued, “The guidelines on safe termination of pregnancy for legal indications were a landmark step towards standardising medical practice and building the capacity of healthcare personnel to provide safe care within the existing legal framework in Lagos State. The suspension undermines the essential objective of saving women from preventable deaths and denies victims of sexual and gender-based violence, such as rape and incest survivors, the comprehensive medical services that are their right.”
Dr. Akiyode-Afolabi also highlighted that for survivors of rape and incest, access to safe termination of pregnancy is not just a medical procedure—it is a pathway to reclaiming bodily autonomy, mental health, and the right to a life of dignity. The STOP guidelines, she argued, not only provide a mechanism for freeing victims from the ongoing trauma of forced pregnancy but also serve as a public health imperative to prevent avoidable maternal deaths.
World Abortion Day, observed globally on September 28 to raise awareness about unsafe abortion as a leading cause of preventable maternal mortality, has further amplified calls for reform in Nigeria. The continued suspension of the STOP guidelines in Lagos, advocates warn, hinders the realization of fundamental rights and puts the lives of countless women at risk. As Dr. Akiyode-Afolabi put it, “It will prioritise women’s health and rights over political or religious sentiments, and recognise that the guidelines are a public health imperative to prevent avoidable maternal deaths.”
The appeal to Lagos State Governor Babajide Sanwo-Olu is clear: lift the suspension, allow medical professionals to provide care confidently within the law, and ensure standardized post-abortion treatment. WARDC has pledged to work with the Lagos State Government and all relevant stakeholders to uphold the human rights of women and girls in Nigeria. The organization also commended states that have demonstrated progressive leadership by actively implementing similar guidelines or clarifying provisions that enable women to access their sexual and reproductive health rights within the boundaries of the law.
The Abuja judgment is more than a legal milestone; it is a call to transform Nigeria’s approach to reproductive health and gender-based violence. Survivors have finally been heard in court. Now, advocates say, they must be supported and protected in their daily lives. This ruling is significant, but it should mark only the beginning of Nigeria’s journey toward removing all safe abortion restrictions and barriers. The next steps—ensuring implementation, protecting healthcare providers, and safeguarding women’s rights—will determine whether this hard-won legal victory truly changes lives.