The Nigerian Senate has suspended further consideration of the Criminal Code Amendment Bill 2025, a controversial proposal seeking to impose stiffer penalties for abortion-related offences, following intense debate among lawmakers on 26 October 2025.
The upper chamber’s decision came after heated disagreements over what should legally qualify as an “unlawful abortion” and concerns that the proposed amendments could criminalise life-saving medical interventions for pregnant women.
The Controversial Proposal
The Criminal Code Amendment Bill 2025, sponsored by Senate Leader Opeyemi Bamidele (Ekiti Central), aims to modernise parts of Nigeria’s Criminal Code Act, which dates back to 1916.
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The Bill seeks to:
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Raise penalties for abortion-related offences.
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Increase punishment for sexual offences such as rape and defilement.
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Provide updated definitions for outdated criminal provisions.
Under current law, a person who supplies drugs or instruments to procure an abortion faces up to three years’ imprisonment. The proposed amendment seeks to raise this to 10 years without an option of a fine.
The Bill also increases the punishment for sexual assault from five to ten years and introduces life imprisonment for the defilement of minors.
While senators unanimously supported the sections dealing with sexual offences, the abortion clause became a flashpoint that divided the chamber.
Senators Split Over Definition of “Unlawful Abortion”
Lawmakers were sharply divided on how to determine when an abortion should be considered unlawful under Nigerian law.
Some senators argued that abortion might be medically justified in certain cases — for instance, when a woman’s life is in danger — while others believed that any form of abortion contravenes moral and religious values.
Senator Saliu Mustapha (Kwara Central) cautioned that certain abortions may be necessary to preserve a woman’s health, saying, “We must be careful not to criminalise medical decisions taken in good faith to save lives.”
Similarly, Senator Abdul Ningi (Bauchi Central) warned that the amendment could discourage medical practitioners from performing emergency procedures on women with life-threatening complications, fearing prosecution under the new law.
He noted, “Doctors could be caught between obeying their oath to save lives and obeying the law. That would be dangerous for our health system.”
Senate Leadership Steps In
Amid the escalating debate, Senate President Godswill Akpabio intervened to de-escalate tensions. He proposed that the controversial clause be suspended to allow for wider consultation with medical, legal, and religious stakeholders.
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The motion was adopted by voice vote, and the bill was subsequently referred to the Senate Committee on Judiciary, Human Rights and Legal Matters for further legislative review.
Akpabio gave the committee two weeks to return with recommendations, particularly to clarify the definition of “unlawful abortion” and determine whether exceptions — such as cases involving rape, incest, or medical emergencies — should be recognised.
Gender Perspective Sparks Tension on the Floor
The session took another turn when Senator Natasha Akpoti-Uduaghan (Kogi Central) requested to speak, arguing that abortion legislation directly affects women and that her voice should be heard.
However, Senator Adams Oshiomhole (Edo North) objected, citing Senate rules that prohibit reopening debates already concluded.
Despite her insistence, Akpabio upheld Oshiomhole’s objection, stating that the matter had been ruled on. The exchange drew murmurs in the chamber, underscoring gender representation tensions within Nigeria’s male-dominated legislature.
Nigeria’s Restrictive Abortion Laws
Nigeria’s abortion laws are among the strictest in Africa. Under the Criminal Code Act (applicable in southern states), abortion is only permitted to save the life of the pregnant woman.
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A woman who “unlawfully procures her own miscarriage” faces up to seven years in prison.
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Anyone who assists her faces up to 14 years.
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Supplying abortion drugs or instruments attracts up to three years’ imprisonment.
In the northern states, governed by the Penal Code, abortion is similarly restricted but allowed “in good faith for the purpose of saving the life of the woman.”
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There are no legal exceptions for pregnancies resulting from rape, incest, or severe foetal abnormalities.
As a result, thousands of women resort to unsafe abortion procedures, often carried out by unqualified individuals in unsanitary conditions, which is a major driver of Nigeria’s high maternal mortality rate.
Health Experts Warn of Public Health Consequences
Health professionals and rights advocates have expressed alarm that increasing criminal penalties without addressing the root causes of unsafe abortion could worsen Nigeria’s maternal-health crisis.
According to the Guttmacher Institute, an estimated 1.25 million abortions occur in Nigeria each year, with over half performed in unsafe conditions. Unsafe abortions contribute to up to 15 per cent of maternal deaths nationwide.
Medical experts stress that the focus should be on expanding access to family planning, sexual education, and safe reproductive health services, rather than solely punitive laws.
Dr Fatima Zakari, an obstetrician-gynaecologist based in Abuja, warned:
“Increasing prison terms won’t stop women from seeking abortions, it will only push them into more dangerous situations.”
Judicial Shifts and Women’s Rights
Legal observers note that the courts have begun to recognise reproductive rights as part of broader human-rights guarantees.
In June 2025, a Federal High Court in Abuja ruled that forcing survivors of rape and incest to carry unwanted pregnancies to term violates their constitutional rights to physical and mental health.
This landmark decision may shape future debates on abortion law reform, highlighting the judiciary’s growing concern for women’s autonomy and wellbeing.
What Happens Next
The Senate Committee on Judiciary, Human Rights, and Legal Matters is expected to consult medical experts, women’s rights groups, and faith leaders before submitting its report.
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If consensus is achieved, the bill will return to the floor for further debate and possible passage. If not, the abortion clause could be deleted entirely, allowing the other sections, particularly those on sexual offences, to proceed independently.
Analysis: Between Law, Morality and Health
The Senate’s decision reflects both political caution and societal complexity in addressing abortion. While Nigeria seeks to update its outdated criminal laws, many legislators remain constrained by religious and cultural sensitivities.
Analysts say that unless the law strikes a careful balance between moral values and women’s rights, it risks driving more women into the shadows of unsafe medical practice.
Ultimately, the debate over the Criminal Code Amendment Bill 2025 poses a larger question: how far should Nigerian law go in regulating women’s reproductive choices?
The Bottom Line
The Nigerian Senate’s suspension of the abortion-related clause signals recognition that clearer legal definitions and broader consultation are essential before passing such sensitive legislation.
As the committee prepares its recommendations, stakeholders across the medical, legal, and civil society sectors await what could be one of the most consequential reforms in Nigeria’s criminal law in decades.
