By MICHAEL C. AGBO –
The Board of Trustees of the Centre for Community Law has instituted a public interest human rights suit against the Federal Government, asking the Federal High Court in Abuja to determine key constitutional and human rights issues relating to women and girls who become pregnant as a result of rape or incest.
In the suit, marked FHC/ABJ/CS/1695/2026, the Centre argues that compelling survivors of rape and incest to carry pregnancies resulting from sexual violence to term raises profound constitutional, human rights and public health concerns.
The action invites the court to interpret the scope of the protections guaranteed under Sections 34 and 37 of the 1999 Constitution (as amended), which safeguard the rights to dignity and privacy, alongside Articles 4 and 5 of the African Charter on Human and Peoples’ Rights and other applicable international human rights instruments.
According to the originating processes, the Centre is seeking judicial clarification on the extent of legal protection available to survivors of sexual violence under Nigerian law and the country’s international human rights obligations.
In a supporting affidavit, the organisation cited 37 reported cases of rape involving girls aged between three and 18 years. It stated that some of the victims, including girls aged between 12 and 13, became pregnant as a result of the assaults.
The Centre contends that rape and incest constitute grave violations of victims’ bodily integrity, dignity, personal autonomy and their right to be free from cruel, inhuman and degrading treatment.
It also asks the court to determine whether, in law, a survivor of rape or incest can be deemed to have consented to the consequences of such criminal acts, including pregnancy and parenthood.
The suit further challenges the compatibility of certain provisions of the Criminal Code and Penal Code with constitutional guarantees protecting human dignity, privacy, family life and bodily autonomy, particularly where such provisions have the effect of compelling survivors of rape or incest to continue pregnancies resulting from those offences.
Among the reliefs sought are declarations affirming the constitutional and statutory rights of survivors of rape and incest, as well as an order directing the Federal Government to put in place practical measures to ensure access to appropriate reproductive healthcare, medical treatment, psychological counselling and other support services for victims, in line with Nigeria’s obligations under domestic and international law.
The Centre clarified that the suit does not seek monetary compensation or represent any named survivor. Rather, it is a public interest action intended to obtain judicial interpretation of the constitutional and human rights implications of existing laws affecting women and girls who become pregnant through rape or incest.
According to the organisation, the litigation was prompted by the persistent incidence of rape and other forms of sexual violence in Nigeria, particularly against minors, and the need to strengthen legal protections for survivors while ensuring the country’s compliance with its constitutional and international human rights commitments.
The Benin City-based Centre for Community Law is a non-governmental organisation dedicated to promoting the rights of ECOWAS citizens and advancing the rule of law across the sub-region.
Over the years, it has undertaken several pro bono human rights cases before Nigerian courts and the ECOWAS Court of Justice as part of its efforts to expand access to justice, protect vulnerable persons and advance legal reforms through strategic litigation, research and policy advocacy.
As of the time of filing this report, the Federal High Court had yet to fix a date for hearing the suit.
