Zubaida Baba Ibrahim (Lead writer)
Every law is meant to protect, but what happens when the same laws deny people the right to have autonomy over their bodies? In Nigeria and across the world, sexual and reproductive health policies must be adapted to the realities that women and girls face today, otherwise, what should serve as a protective shield is turned into a barrier to bodily autonomy.
A clear example of this is Nigeria’s abortion laws, which remain restrictive, permitting termination only to save a woman’s life. Under the Criminal Code, applicable in southern states, and the Penal Code, applicable in northern states, both women and providers face severe penalties with up to 14 years’ imprisonment for providers and seven years for women who undergo the procedure.
These provisions lack clarity, as the exception for preserving a woman’s life is vaguely defined, offering no guidance on whether mental health risks qualify or who can authorise the procedure. As a result, most abortions occur in unsafe conditions, significantly contributing to maternal mortality.
According to the Guttmacher Institute, an estimated 456,000 unsafe abortions occur annually in Nigeria, accounting for 20% — 40% of maternal deaths. Other experts and researchers argue that the legal framework rooted in colonial-era statutes, perpetuate preventable deaths, and this underscores the urgent need for reform to protect women’s health and rights.
The 2025 World Sexual Health Day, themed “Sexual Justice: What Can We Do?”, calls for ensuring that everyone has the autonomy and resources to make informed, healthy choices about their bodies and reproductive health. It also emphasises equal access to sexual health services, education, and care for all.
Laws that are harming more than they help
Sexual justice goes beyond access to contraceptives; it is also about the prevention of sexually transmitted diseases and infections, curbing gender-based violence and preventing child marriage and other harmful practices like Female Genital Mutilation (FGM). It is also about equality, consent, and the assurance that every individual has the power and resources to exercise their reproductive rights regardless of gender, age or socioeconomic status.
However, Nigeria faces significant challenges that make sexual justice a critical issue. Cases of Sexual and Gender Based Violence (SGBV) are still widespread. Between 2020 and 2023, 27,698 cases were recorded, despite the provisions of the Violence Against Persons Prohibition Act (VAPP).
Weak legal enforcement and a deep-rooted culture of silence discourage victims from seeking justice. The prosecution and conviction rates for rape cases in Nigeria are alarmingly low, with only about 23% of reported rape cases leading to arrests between 2020 and 2023. Only 1% of these cases have resulted in convictions. In the Federal Capital Territory (FCT), the country’s seat of power, out of 492 reported cases of SGBV, including rape, only one conviction was recorded from 2020 to 2023.
Survivors also tend to withdraw cases due to stigma, family pressure, or fear of retaliation. A survey published in the International Journal of Research and Innovation in Social Science (IJRISS) found that only 34.2% of respondents expressed satisfaction with legal outcomes.
Child marriage and FGM practices are also rife in many communities, accounting for 10% of the world’s total FGM cases. Although the Child Rights Act sets the minimum marriage age at 18, it is not uniformly implemented across all states. In northern Nigeria, child marriage remains prevalent due to customary and religious laws, exposing girls to early pregnancy, health risks, and truncated education. This denies young girls the agency and opportunities that sexual justice seeks to guarantee.
There is also a general lack of access to sexual and reproductive health services. Nigeria’s health system faces gaps in family planning, contraception, and sexuality education. According to the National Demographic and Health Survey (NDHS), only 15% of women use modern contraceptives, and including comprehensive sexuality education is still controversial in schools with funding gaps worsening the issue.
The impact of outdated laws
When laws designed to uphold sexual justice are weak or poorly enforced, the impact is severe not only for women and children, who bear the greatest burden, but also for society, leading to far-reaching consequences such as economic setbacks. The World Bank reported that, in some countries, including Nigeria, unchecked violence against women is estimated to cost countries up to 3.7% of their Gross Domestic Product (GDP), “more than double what most governments spend on education,” the organisation emphasised.
The United Nations Population Fund (UNFPA) says that investing in comprehensive family planning services yields significant economic benefits. For every US$1 invested, families and societies gain an estimated US$8.78 in return.
This investment is projected to generate approximately US$660 billion in economic benefits by 2050, representing a return on investment of more than 700%. More specifically, allocating just 1% of federal and state government budgets to family planning could generate about US$2.96 billion in returns, while investing 3% of the Basic Primary Health Care Provision Fund (BHCPF) could save US$34.2 million.
The lack of access to family planning services also has severe negative consequences on public health. Countries with limited contraceptive use experience significantly higher maternal mortality ratios, as women face increased risks of complications during childbirth. Poor birth spacing also contributes to infant and child mortality, malnutrition, and stunted growth.
Overall, the failure to implement protective laws weakens the country’s health systems, strains limited resources and perpetuates cycles of poor health outcomes.
What can we do?
Achieving sexual justice goes beyond creating awareness; it requires coordinated action at all levels, starting with policy reforms. Lawmakers must revisit and amend existing legislation that limits bodily autonomy. This includes enacting laws that guarantee access to safe abortion services, these laws must then be domesticated at the state level and expanding the availability of modern contraceptives.
Lawmakers must also work toward closing loopholes in consent laws and explicitly recognising marital rape as a criminal offence. These measures ensure that all individuals, regardless of marital status, have the right to give or withhold consent without fear of violence or legal ambiguity.
Nigerians can also support community-based organisations leading the fight for change. From youth-led sexual health campaigns to women’s rights legal advocacy, these groups are pushing for education, empowerment, and equity, and supporting them means amplifying voices that often go unheard.
International treaties, human rights councils, and global watchdogs must also hold governments accountable. When local advocacy meets international solidarity, real change becomes possible.
South Africa has since expanded its reproductive rights by passing the Choice on Termination of Pregnancy (CTOP) Act, which legalises abortion for women of all ages on request up to 12 weeks of gestation. This legislation was a significant step, building on a public health and rights-based framework to increase access to safe abortion services.
Likewise in the Gambia, where a historic victory was achieved in July 2024 as members of parliament voted overwhelmingly to retain the law prohibiting FGM.
Citizens also have a vital role to play in promoting sexual justice. By challenging harmful norms and speaking out on issues of consent, gender equality, and reproductive rights, citizens can also support survivors, advocate for safe reporting channels, and reject victim-blaming attitudes. Additionally, fostering comprehensive sexuality education within families and communities can help build a culture of respect and consent.