Survivors of sexual assault and incest have sued the Federal Government of Nigeria for allegedly violating their constitutional and human rights after enduring sexual violence that led to unwanted pregnancies.

Through their legal representatives, the survivors filed a suit at the Federal High Court in Ikoyi, Lagos, challenging the government’s failure to provide comprehensive medical care as guaranteed under Nigerian and international law.

They were represented by a team of senior human rights lawyers, including a Senior Advocate of Nigeria, Prof. Yemi Oke (SAN); Dr Olayinka Owoeye; and a leading women’s rights attorney, Dr Abiola Akiyode-Afolabi.

The plaintiffs are seeking judicial recognition and enforcement of their right to necessary medical services, including access to safe termination of pregnancy in cases where sexual assault or incest results in pregnancy.

Justice A. Lewis-Allagoa of the Federal High Court, Ikoyi, adjourned the case to January 20, 2026, for mention. The suit was instituted by the Women Advocates Research and Documentation Centre (WARDC), alongside survivors of sexual assault and incest and their legal team. They are relying on provisions in the 1999 Constitution, particularly Sections 33, 34, and 35, which guarantee the right to life, dignity, and liberty; the African Charter on Human and Peoples’ Rights; the Maputo Protocol; the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW); the International Covenant on Economic, Social and Cultural Rights (ICESCR); and the Violence Against Persons (Prohibition) Act, 2015, particularly Sections 1 and 38.

These laws affirm the government’s obligation to provide comprehensive medical care, including reproductive health services, to victims of sexual violence.

The survivors argue that the Nigerian government has breached its constitutional duty and international obligations by failing to ensure access to adequate medical services for victims of sexual assault and incest.

Speaking with The Guardian after the hearing, Prof. Yemi Oke (SAN) said: “Nigerian women should not be treated differently from other women around the world. We have come before the court to seek definitive enforcement of their legal and constitutional rights, which no one disputes.

We are merely calling the court’s attention to rights that already exist.

“Their rights have been denied unjustly. The constitution accords Nigerian women the right to life, and the law should not condemn them to death through neglect. Women deserve the right to safe termination of pregnancies that threaten their lives. If a woman’s life is in danger while bringing life into the world, she should have the right to terminate the pregnancy. There is nothing unholy about it; we must not allow religion or sentiment to override life.”

He added: “If someone is not stabbed but the room is poisoned, the person will still die. Safe termination should be recognised as a right.”

One of the survivors said: “I survived the rape. I survived the shame. But I should not have to survive government neglect too. No one should be forced to carry trauma in their body when the law says we deserve care.”

Another survivor stated: “I did not choose violence. I did not choose the trauma that changed my life. But I choose to fight so no other girl or woman is abandoned by the system that is meant to protect us. What happened to me was already painful; being denied medical help made it worse. Survivors deserve care, respect, and choices, not silence and suffering.”

Acting Executive Director of WARDC, Dr. Olufemi Kayode, said: “Victims of rape and incest have a guaranteed and enforceable right to safe termination of pregnancy resulting from sexual violence. The government has a legal duty to provide comprehensive medical care, including emergency treatment, psychological support, and reproductive health services. Under the VAPP Act, such assistance legally includes information on and access to medical abortion services for survivors.” (The Guardian)