Mommy, I'm getting scared. Your heart is still beating, but I don't know what you are thinking. The doctor is talking to you. I think something's going to happen soon. I'm really, really, really scared, Mommy.

Mommy, what are they doing to me!? It hurts! Please make them stop!

Don't worry Mommy, I'm safe. I'm in heaven with the angels now. They told me what you did, and they said it's called an abortion.

Why, Mommy? Why did you do it? Don't you love me any more? Why did you get rid of me? I'm really, really, really sorry if I did something wrong, Mommy. I love you, Mommy! I love you with all of my heart. It really, really hurts to see you not care about me, and not talk to me. Didn't I love you enough?

Mommy, I am sorry, but something went wrong and you are here with me. What happened, mommy? I see you wonder at the amazing sight of these angels around us, I see you look at them in awe. You, like me, have been sent back, to heaven. They told me that because there wasn’t anything right about the method you used, you wound up dying.

~A modified version of an original story by Robert Stamm~

Although the substance of this article is neither to deal with the propriety of abortion, nor as to whether it has any sanction in religion or morality, the aforesaid story is a necessary introduction to the reality that surrounds us.

The fact that abortion is outlawed on certain grounds while permitted on certain others warrants that there must be some modality of regulation on the manner and the basis on which it is carried out. Owing to the fact that certain grounds do not fulfil the criteria of becoming the basis on which an abortion may be carried out.

There are plenty of instances wherein women seek recourse to unsafe and illegal methods of abortion. The end result is hardly anything to appreciate.

In the words of a renowned member of the medical profession based out of Nigeria who wishes to remain anonymous, an abortion in medical speak is called a termination or “planned miscarriage”. “Abortion is understood to be the Healthcare Professional used to describe the premature conclusion of a pregnancy whether planned or of natural causes… before it can be called a miscarriage.”

An unsafe abortion, as the very same doctor puts it, refers to “An abortion done by unskilled persons including the lady herself, or done by Professionals with insufficient experience or skill, or done by persons with skill but poor after care, or done to people who have additional risks like very late twins or may be susceptible due to other medical conditions in which infection or blood loss would be poorly tolerated.”

In the doctor’s opinion, usually young girls with little access to money or other means coupled with the ignorance of the avoidable dangers of the procedure fall victim to the unsafe abortions in order to cut costs.

The consequences are plenty:

• Death
• Infection
• Anaemia from blood loss
• Damage to Bowel Bladder  and reproductive organs    
• Difficulty in getting pregnant or carrying pregnancy neck of womb called cervix may be damaged       
• Chronic pain from botched procedures including incomplete termination in which half of the fetus is left behind   
• Psychological issues of regret, guilt and depression

In Nigeria, abortion, as the law stands, is permissible on limited grounds: To save the life of the woman or To preserve mental health.

Evaluating the statistical side, there is plenty of evidence that suggest that women rely on unsafe methods of abortion in a bid to side-step the law, and to avail a series of back-alley mechanisms to bring their pregnancies to an abrupt halt. From the statistical resource pool collected by AllAfrica.com,

“From statistics, an estimated 46 million pregnancies worldwide end in induced abortions each year and 20 million of these are unsafe. About 13 per cent of pregnancy related deaths have been attributed to unsafe abortions and 80,000 deaths annually.”

The legal system governing abortion in Nigeria predominantly comprises two different laws. In the generally Muslim states in the North, the Penal Code, Law No. 18 of 1959 is in force. In the south, which is largely Christian, the Criminal Code of 1916 is in effect. Although both codes prohibit abortion, the differences in the wording of the Codes, as well as in their  interpretation, that have resulted in two slightly different treatments of the offence of abortion.

Any person who voluntarily causes a woman with a child to miscarry, can be subjected to a penalty that could range up to fourteen years’ imprisonment with, or without the payment of a fine.

This punishment holds good even for a woman who causes her own miscarriage, although harsher penalties are awarded if the woman dies owing to the miscarriage. Under the Criminal Code, abortions are legally permitted only in the event that the life of a woman is to be saved.

At the same time, any person who, with intent to procure the miscarriage of a woman, unlawfully administers to her any noxious thing or uses any other means is subject to fourteen years’ imprisonment. 

A woman who undertakes the same act with respect to herself or consents to it is subject to seven years’ imprisonment. Any person who supplies anything knowing that it is intended to be unlawfully used to procure a miscarriage is subject to three years’ imprisonment.

One slight deviation in the context of the Criminal Code is that by interpretation, abortions have been allowed in the wake of broader circumstances. The English decision in Rex v. Bourneushered in an era where the element of necessity was read into situations to determine whether it was ripe for a legal authorization of abortion or otherwise. Besides these developments, in 1982, there was an attempt made to liberalize abortion law, but the same was nipped in the bud before it attained fruition.

In Nigeria, induced abortion using unsafe methods is considered to be a rather major cause of maternal mortality, which is considerably high in Nigeria.

Delta Women conducted a survey amongst women in Nigeria, and the resultant data suggested a considerably shocking trend. Out of a survey pool of 20 sample respondents between the ages 25 and 50, 22% had undergone an abortion. Of these respondents, one of them stated,

“Yes, I had an abortion. It was done in a clinic by a Certified Doctor, I will say. I had to do it because my parents wouldn't hear that I am pregnant outside wedlock.”

As for considering abortion as an option, 22% of the women answered that they would, while another 22% were unsure, and the remainder were vociferously expressive of their antagonism to choosing abortions.