House of Representatives Moves to Spare Condemned Pregnant Women from Death Penalty, Proposes Life Imprisonment Instead
The House of Representatives has put forward a constitutional amendment aimed at protecting unborn children by ensuring that pregnant women convicted of capital offences are not executed but instead sentenced to life imprisonment.
The proposal, put forward by the House Committee on Constitution Review chaired by Deputy Speaker Benjamin Kalu, seeks to modify Section 33(1) of the 1999 Constitution, which currently guarantees every person’s right to life and allows for the death penalty in capital cases.
Under the new provision slated to be inserted as subsection (1A), if a woman is convicted of an offence punishable by death and it is proven in court that she was pregnant at the time of conviction, the judge must impose life imprisonment rather than a death sentence.
The move has drawn praise from senior legal voices, including Senior Advocate of Nigeria Mike Ozekhome, who described the initiative as progressive and humane. Ozekhome argued that an unborn child, innocent of any crime, should be entitled to the right to life, a principle he says should be reflected in the Constitution.
Constitutional lawyer Abdul Mahmud also supported the amendment, saying it balances criminal justice with respect for life, ensuring that punishment remains personal and proportionate. He added that the proposal aligns Nigeria’s legal framework with evolving human rights standards.
In addition to the change pertinent to pregnant women on death row, lawmakers are proposing a related constitutional provision to guarantee every Nigerian the right to a clean and healthy environment. This proposed Section 33A would mandate state action to protect environmental quality and public health.
The proposal now moves through the legislative process as part of broader efforts to amend and modernise Nigeria’s constitution while addressing ethical and human rights concerns.