For far too long, survivors of rape and incest in Nigeria have faced significant challenges, second trauma: being forced by law and stigma to carry unwanted pregnancies. A Federal High Court judgement in Abuja may finally begin to change that reality.

In June 2025, Hon. Justice Olotu delivered a groundbreaking judgment affirming that when a woman or girl is impregnated through sexual violence, forcing her to continue the pregnancy violates her fundamental rights. For the first time, a Nigerian court recognised that pregnancies arising from sexual violence harm not only a woman’s body but also her mental well-being.

This legal victory is more than a court decision; it is a beacon of hope for women’s and girls’ rights across Nigeria. It aligns Nigeria with the commitments made under the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, also known as the Maputo Protocol, which recognises survivors’ right to safe abortion, and moves us closer to fulfilling obligations long promised but rarely realised.

The case, brought by the Reproductive Justice Initiative Foundation (RJIF Nigeria) with support from the Centre for Reproductive Rights, sought judicial recognition of access to safe abortion as a fundamental human right for survivors of sexual violence. The judgment set a critical legal precedent and marked a significant stride toward safeguarding the bodily autonomy and dignity of Nigerian women and girls. For countless of them, this legal triumph could mean the difference between life and death.

The petitioners argued that survivors of sexual violence have long been denied justice under Nigeria’s restrictive abortion laws. Under the current law, induced abortion is only legally permitted when necessary to save a woman’s life, and it must be performed by a qualified medical practitioner. By affirming survivors’ rights in this case, the Court opened the door to aligning Nigeria’s national law with regional and international human rights obligations.

The urgency is clear; unsafe abortion remains a major public health crisis in Nigeria. According to 2019 data from the Population Reference Bureau, unsafe abortions account for roughly 5,000 maternal deaths in Nigeria every year, which means about 14 women die each day. Every year, Nigeria records an estimated 1.25 million induced abortions, more than 60% of them unsafe. About 142,000 women are hospitalised annually with complications, and many of them never survive. These are not just numbers. They are daughters, sisters, and mothers whose rights and dignity were denied.

Unsafe abortion is also extremely costly, not only to the women who suffer life-threatening complications but also to the health system, which is already chronically underfunded. The weight of this crisis falls hardest on the most vulnerable, poorer women and girls with little or no education, and those from rural areas who often have limited access to healthcare. Criminalising abortion only exacerbates their situations; it does not prevent or stop it; it only makes it more dangerous and contributes to maternal mortality.

The court’s recognition of access to safe abortion as a fundamental human right for survivors of sexual violence is the main victory here. For survivors, this legal triumph could be lifesaving. It means that they will no longer be forced into back-alley procedures that too often lead to horrific injuries or even death. The decision is a step toward preventing survivors from seeking unsafe abortions and ensuring they receive proper medical care, as already guaranteed under Nigeria’s own Violence Against Persons Prohibition Act, but partially realised because of restrictive abortion laws that hinder full implementation. Essentially, the ruling boldly reframes reproductive healthcare for violence survivors as an issue of basic human rights and human dignity, not a crime or a privilege for the rich.

This court victory is monumental, but it will mean little unless it is translated into practical policy in health facilities and communities. The Safe Termination of Pregnancy Guidelines (STOP), developed by medical and gynaecology experts, policy makers and human rights organisations in Nigeria, are one of the strongest tools that will translate this legal precedent into reality. 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 transform the principle affirmed by the court into practical steps in healthcare, offering clarity and protection to doctors and nurses while safeguarding the lives of women and girls.

Through advocacy-driven conversations led by Women Advocates Research and Documentation Centre (WARDC) in Nigeria, with support from the Centre for Reproductive Rights, progress has begun to take shape. States such as Ogun have started adopting these guidelines, proving that progress is possible when there is political will. However, implementation remains inconsistent nationwide, with Lagos State emerging as a clear example of regression.

In 2022, Lagos State introduced its own STOP guidelines to reduce unsafe abortions and prevent maternal deaths. However, within days of its launch, the state government suspended the guidelines, bowing to pressure from conservative groups. The suspension has left doctors uncertain and pushed women back into dangerous, clandestine options.
The Abuja ruling changes this picture. Lagos and other states now have both the legal and moral responsibility to reinstate and implement these lifesaving guidelines. This would give doctors the clarity they need, prevent avoidable deaths, and demonstrate a true commitment to protecting the dignity and health of women and girls.

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 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.

Wambui is a senior Advisor, Gender Equality, Africa at the Center for Reproductive Rights.