Where a woman dies from abortion, the person performing the abortion is criminally liable. If the person was acting with the consent of the woman, he is liable to imprisonment for 14 years but where it is done without the consent of the deceased woman, the person would be liable to imprisonment for life. Section 233 of the Penal Code.
No, a person suspected to have committed the offence of abortion cannot be arrested without a warrant. See Section 228 of the Criminal Code.
None of the above. This is because by virtue of Section 307 of the Criminal Code Act, Cap.C38 LFN, 2004 a child becomes a person capable of being killed only when it has completely proceeded in a living state from the body of its mother. The person can be charged for abortion or other related offences in the Criminal Code, or for causing miscarriage or other related offences under the Penal Code, but not for murder or manslaughter
No. Under the Penal Code, a woman who procures an abortion on herself is liable to imprisonment for 14 years unlike in the Criminal Code where the punishment is 7 years. See the Explanation for section 232 of the Penal Code
No, where there is a serious need to preserve the life of the mother, abortion may be excused. However, the records in the hospital file of the mother must show clearly that the Defendants acted in good faith. See Section 232 of the Penal Code.
Yes. Under the Penal Code, a person who does any act in such circumstances that if he thereby caused death (of the pregnant woman) he would be guilty of culpable homicide, but does by such act cause the death of an unborn child, shall be punishable with imprisonment for life or for any less form and shall also be liable to fine. Section 236 of the Penal Code
It appears that under the Criminal Code, where it is shown that the act which caused the abortion happened unintentionally, the Defendant would be totally excused. It is immaterial that the Defendant knew that the woman was pregnant or not. However, under the Penal Code where a person uses force on any woman and thereby unintentionally causes her to miscarry, he shall be criminally liable and shall be punished with imprisonment for a term not more than three years or fine or both, and where the person knew that the woman was pregnant, he shall be punished with a term of imprisonment up to 5 years or fine, or with both. Section 234 of the Penal Code.
No, under the Nigerian laws, abortion is an offence. By virtue of Section 228 of the Criminal Code Act, Cap.C38 LFN, 2004 any person who, with intent to procure miscarriage of a woman, whether she is or not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, is guilty of a felony which is punishable with imprisonment for fourteen (14) years. Where the pregnant woman tries to procure the abortion herself and on herself, she would be liable to imprisonment for seven (7) years. But where a person merely gets the materials for abortion and supplies same to a pregnant woman, that other person would be liable to imprisonment for three (3) years. See Sections 228, 229 and 230 of the Criminal Code Act, Cap.C38 LFN, 2004