ABORTION: A LEGAL STUDY OF NIGERIA AND THE UNITED STATES OF AMERICA IN THE WAKE OF DOBBS

Abstract

Abortion is the expulsion of a foetus from the uterus before it has reached the stage of viability in human beings, usually about the 20th week of gestation. Generally, the term ‘abortion’ is used to refer to the termination of pregnancy, whether it occurs with medical intervention such as medications or surgical procedures or whether it occurs on its own. In that sense, an abortion may be brought on purposefully, in which case, it is called an induced abortion, or it may occur spontaneously, in which case, it is called a miscarriage. For the purposes of this article, abortion, a highly debated topic entails the purposeful ending of pregnancy and raises ethical, moral, legal, and medical debates. This procedure includes stopping foetal development, sparking heated debates on matters such as reproductive rights, bodily autonomy, religious beliefs, socio-political stances, healthcare accessibility, and the definition of personhood. In Nigeria, abortion is prohibited by law and is governed by the Criminal Code which applies to the southern states of the country, ant the Penal Code which applies to the northern states. Violations of the relevant sections of any of these pieces of legislation can lead to substantial prison term of up to 14 years, except in cases where the procedure is necessary to save the life of the pregnant woman. In the US, abortion is also criminalized but the laws are not uniform because the USA is a federal state. Consequently, the laws regulating abortion differ from state to state. Abortion is allowed in some states, while in some states, a partial ban is imposed, and in some, a complete ban has been imposed. The aim of this paper is to review the laws regarding abortion in Nigeria and the US. By adopting doctrinal research methodology, this article scrutinized the relevant legislative provisions on abortion in Nigeria, as well as the constitutional provisions on abortion in the US alongside the legislative provisions of some US federating states, for the purposes of a comparative study. This study found that abortion is criminalized in Nigeria with a uniform penalty of up to 14-years imprisonment in both the southern and northern parts of the country, while in the US, though abortion is criminalized in some of the states, the penalties vary from state to state. Finally, this study recommended among other things, that, Nigeria should make legislation to clearly reflect the protection of physical and mental health of the pregnant person. In that sense, there will be more liberal laws to clearly include access to abortion in cases of incest, rape, sexual assault, and in cases of mental health of the pregnant woman, and fatal foetal abnormality just like in the US.