DECISION ALERT: ECOWAS COURT REAFFIRMS NIGERIA’S REPRODUCTIVE JUSTICE OBLIGATIONS UNDER THE MAPUTO PROTOCOL
Case: Dorothy Bebe v. Federal Republic of Nigeria
Court: ECOWAS Community Court of Justice
Date: 4th April 2025
In a significant finding for women and girls in Nigeria, the ECOWAS Court of Justice has reaffirmed the Nigerian government’s binding obligations to ensure the realisation of reproductive justice as specifically provided for under the Maputo Protocol. The case, argued by our LIRA partners in Nigeria, Lawyers Alert, sought to hold the Nigerian government accountable for systemic inaction/refusal/failure to provide safe and legal termination of pregnancy services. While the Court ultimately found that the petitioners did not present sufficient evidence to prove their claims, it found the government liable to provide the necessary services to realise the rights guaranteed under the Maputo Protocol. In its unanimous ruling authored by Justice Ricardo C.M. Gonçalves, the Court observed that
“The State’s refusal to provide access to safe abortion in cases of rape constitutes a systemic failure to protect women and reinforces gender discrimination, as it forces victims of sexual violence to bear the physical, psychological and social consequences of a forced pregnancy. This omission, in addition to compromising the protection of the family, exposes women to conditions of extreme vulnerability, contrary to the fundamental principles of Article 18 of the African Charter.”
The Court found that the government has clear legal obligations to provide access to safe and legal abortion services in circumstances of rape, sexual assault, incest, or where pregnancy endangers a woman’s health. Citing Article 14(2)(c) of the Protocol, the Court affirmed that reproductive rights are an integral part of the right to health under international human rights law. The judgment provides a strategic opening for future litigation and advocacy to challenge restrictive abortion laws in West Africa in general and Nigeria in particular and to advance implementation of the Maputo Protocol in the region. It also reinforces the need for governments to establish clear, accessible, and rights-compliant pathways for survivors of rape to access timely and safe abortion services without stigma or legal barriers. This finding is an important milestone in the region, where many states continue to fall short in realising the sexual and reproductive health and rights of women and girls.
We acknowledge and commend Lawyers Alert for their unwavering commitment to advancing reproductive justice, and Dorothy Bebe for her courage in seeking accountability and justice, not only for herself but for countless women and girls across West Africa. A copy of the judgment can be found here.