The House of Representatives is seeking a constitutional amendment to replace death sentences for pregnant women with life imprisonment, aiming to protect unborn children. The House Committee on Constitution Review, led by Deputy Speaker Benjamin Kalu, approved the proposal as part of the ongoing 1999 Constitution review in Nigeria. Lawmakers stated the amendment addresses concerns
The House of Representatives is seeking a constitutional amendment to replace death sentences for pregnant women with life imprisonment, aiming to protect unborn children.
The House Committee on Constitution Review, led by Deputy Speaker Benjamin Kalu, approved the proposal as part of the ongoing 1999 Constitution review in Nigeria.
Lawmakers stated the amendment addresses concerns about balancing criminal justice with human rights, especially the right to life.
The proposal would amend Section 33(1) of the Constitution, which guarantees the right to life but permits deprivation of life in the execution of a court sentence. Under the amendment, a new subsection, to be known as Section 33(1A), would be introduced.
The new provision mandates life imprisonment instead of the death penalty for pregnant women convicted of capital offences at sentencing.
According to the proposed subsection, if a pregnancy is confirmed to the court’s satisfaction, the death penalty will not be administered, regardless of current laws permitting capital punishment. Legislators have stated that this measure is designed to protect unborn children from irreversible consequences for offences in which they are not involved.
Reacting to the development, human rights lawyer and Senior Advocate of Nigeria, Mike Ozekhome, commended the House for what he described as a compassionate and forward-looking initiative.
He advised that executing a pregnant woman effectively results in the loss of two lives — that of the convicted woman and that of an unborn child who is entirely innocent.
Ozekhome argued that constitutional rights should also apply to unborn children, emphasising that they should not be blamed for their parents’ actions. He explained that the amendment upholds the ethical and legal idea that penalties should only affect those who are responsible for an offence.
The senior lawyer also mentioned legal debates about the 14th Amendment of the U.S. Constitution, which promises equal protection for everyone under the law. He pointed out that some interpretations include unborn individuals within these protections. Additionally, he referred to biblical verses highlighting the importance of life before birth, suggesting that society is responsible for safeguarding life at every stage.
Constitutional lawyer Abdul Mahmud supported the proposal, calling it a humane way to balance criminal justice with human dignity. He said the amendment upholds proportional punishment and protects unborn children from suffering for their mothers’ crimes.
Mahmud further observed that the proposal aligns Nigeria’s constitutional framework with evolving international human rights standards.
He noted that this could renew national debate about the death penalty’s relevance in Nigeria, especially given global moves to abolish or limit capital punishment.
Beyond criminal justice reforms, the House also proposed a separate constitutional amendment focused on environmental rights. Lawmakers recommended the insertion of a new Section 33A, which would guarantee every Nigerian the right to a clean, safe, and healthy environment.
