THE OGUN STATE ABORTION LAW
JOSHUA NWACHUKWU contends that the safe termination of pregnancy law raises constitutional questions On the 24 of September 2026, the Ogun State House of Assembly passed the Ogun State Safe
The Ogun State House of Assembly recently approved the Ogun State Safe Termination of Pregnancy Bill, 2026. The bill, which outlines specific circumstances under which abortion can be legally performed, has sparked constitutional questions regarding its compatibility with existing Nigerian criminal laws. Section 9 of the bill lists various grounds for abortion, including cases where the pregnancy endangers the woman's life, the fetus has a condition incompatible with life, or there is a significant mental health risk.
Notably, the law permits abortion up to age 10 for girls, with consent requirements varying for married adults. However, the fundamental legal challenge lies in the conflict between the Ogun State law and Nigeria's overarching criminal code, which criminalises abortion except in life-saving circumstances. The Supreme Court's judgment in Udeogu v FRN further underscores this conflict, stating that any law contradicting existing abortion laws is invalid.
The Ogun State law's allowance for abortion beyond life-threatening situations raises significant constitutional concerns and conflicts with federal law.
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