By SUNTV Global Channel | December 31, 2025
The Nigerian House of Representatives has proposed a landmark constitutional amendment that would protect unborn children by barring the execution of pregnant women sentenced to death.
The proposal emerged from the House Committee on Constitution Review, chaired by Deputy Speaker Benjamin Kalu, following the adoption of a bill seeking to amend Section 33(1) of the 1999 Constitution, which guarantees the right to life but permits execution following a court sentence.
Under the new proposal, an additional subsection — Section 33(1A) — would be introduced. It provides that where a woman convicted of a capital offence is confirmed by the court to be pregnant, her death sentence shall be automatically commuted to life imprisonment.
Lawmakers backing the amendment say the measure is aimed at safeguarding the life of the unborn child, who bears no responsibility for the offence committed by the mother.
Reacting to the development, Senior Advocate of Nigeria and human rights lawyer, Mike Ozekhome, described the proposal as progressive, humane and morally justified. Speaking to PUNCH, Ozekhome argued that executing a pregnant woman amounts to taking two lives — that of the convicted person and the innocent unborn child.
According to him, the unborn child has a fundamental right to life irrespective of the crime of the mother. He cited international constitutional principles, including the 14th Amendment of the United States Constitution, which guarantees equal protection of the law, as well as biblical references affirming the sanctity of life in the womb.
Also lending support, constitutional lawyer Abdul Mahmud said the amendment represents a thoughtful balance between criminal justice and human dignity. He noted that commuting such sentences to life imprisonment reinforces the principle that punishment must be personal and proportionate.
Mahmud added that the proposal aligns Nigeria’s constitutional framework with evolving international human rights standards and raises broader questions about the continued relevance of the death penalty within the country’s legal system.
In a related move, the House of Representatives also proposed the creation of a new Section 33A (1–3) to constitutionally guarantee every Nigerian the right to a clean, safe and healthy environment.
The proposed section affirms citizens’ rights to live free from harmful pollution and environmental degradation, access information on environmental conditions, participate in environmental decision-making, and hold polluters accountable. It also mandates the state to pursue sustainable development policies that protect both present and future generations.
If passed and ratified, the proposed amendments would mark a significant shift in Nigeria’s constitutional approach to human rights, environmental protection, and capital punishment.
SUNTV Global Channel
