Legalisation of abortion in Lagos State 

The abortion directives issued last week by the Lagos State Governor Mr. Babajide Sanwo-Olu to the effect that Lagosians can now “safely” kill their unborn babies without any qualms are illegal and therefore null and void.

Frankly speaking, I don’t know why Mr. Sanwo-Olu has allowed himself to be drafted into the simmering, highly-sensitive political, cultural, religious, moral and contentious issue of abortion. I don’t know any Nigerian politician who had promoted abortion without his or her political career being completely ruined. So why is Governor Sanwo-Olu toying with his political career? Already Sanwo-Olu’s abortion directives have sparked off demonstrations in Lagos and Abuja.

The Governor’s abortion directives fragrantly violate sections 145, 146, 147 and 201 of the Criminal Laws of Lagos State (as amended in 2011); sections 228, 229,230, 297, 309, 328, of the Criminal Code Act CAP C38 (and their equivalent provisions in the Penal Code); sections 3,4, and 17 of the Child Rights Act 2003; Child’s Right Law of Lagos State 2015: sections 17 and 33 of the 1999 Nigerian Constitution; Articles, 3, 4 and 5 of the African Charter on Human and Peoples’ Rights; Preamble to the 1990 Convention on the Rights of the Child (CRC) (ratified and adopted by Nigeria). Therefore, as earlier stated, the aforesaid abortion directives issued last week by the Lagos State Governor are illegal and therefore null and void.
 
Therefore the Lagos State Governor is humbly advised to withdraw the abortion directives. Why? Because the abortion directives or policies cannot be enforced or obeyed in Lagos State. It is trite law that directives or policies that are ultra vires the existing laws of the land or do not fall within the ambit of the laws of the land or are in violation of the laws of the land cannot be enforced or obeyed in the State. Only enacted laws or Acts can be enforced or obeyed.

Governor’s Directives that are in flagrant violation of the laws of the land cannot be enforced. The combined effects of sections 145, 146, 147, and 201 of the Criminal Laws of Lagos State (as amended in 2011) and sections 228, 229,230, 297, 309, 328, of the Criminal Code Act CAP C38 (and their equivalent provisions in the Penal Code) is that anybody who, with an intent to procure the miscarriage of a woman or intents to abort or kill her baby in the woman by unlawfully administering on her any noxious substance or contraceptives or pills or drugs or instruments or by inserting instruments into the womb of the woman and crushing her baby to pieces in order to achieve the aforesaid purpose is guilty of a felony punishable under the various sections of the Criminal Code of Lagos or the Criminal Act of the Federation. In fact, section 328 of the Criminal Act prescribes life imprisonment for killing an unborn child.

The section stipulates: “Any person who when a woman is about to be delivered of a child prevents the child from being born alive by any act or omission of such a nature, that, if the child had been born alive and had then died, he would be deemed to have unlawfully killed the child, is guilty of a felony, and is liable to imprisonment for life”. Section 17(1) of the Child’s Right Act 2003 clearly provides for the right of the unborn child.

It states: “A child may bring an action for damages against a person for harm or injury caused to the child willfully, recklessly, negligently or through neglect before, during or after the birth of that child”.

In a similar fashion, section 16(1) of the Child’s Law of Lagos State 2015 clearly provides for the right of the unborn child. It states thus: “Right of the unborn child to protection against harm, etc. (1) A child may bring an action for damages against a person for harm or injury caused to the child willfully, recklessly, negligently or through neglect before, during or after the birth of that child”.

The preamble to the CRC states: “Bearing in mind that, as indicated in the Declaration of the Rights of the Child, “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth”.

The deduction from the foregoing is that abortion is outlawed under our laws. In fact, both sections 16(1) of the Child’s Law of Lagos State 2015 and 17(1) of the Child’s Right Act 2003 clearly provide that an unborn child can bring a legal suit, of course via locus parentis or guardian ad lite, against any person for damages for harm or injury willfully or negligently inflicted on the child before its birth, during its birth and after its birth.

So, you can see that the unborn child enjoys enormous the right to life under our laws. Therefore unless the aforesaid laws are amended to permit the killing of unborn babies, the Lagos State Governor has no right to issue directives approving the killing of the unborn babies in Lagos State.

To be continued tomorrow.