Exemptions and Alternatives: A Closer Look at the Death Penalty for Pregnant Women in Nigeria

Nigeria's laws surrounding the death penalty for pregnant women exhibit a mix of compassion and conflicting policies. The Lagos State law and the Child's Right Act both stipulate that pregnant women cannot be sentenced to death. In fact, Section 221(2) and (3) of the Child's Right Act explicitly prohibits the death penalty for expectant or nursing mothers, citing Section 221(2) and (3) that clarifies 'No expectant mother or nursing mother shall be subjected to the death penalty or have the death penalty recorded against her. This exemption stems from the belief that the status of the woman at the time of committing the offence is not what is considered but her status at the time of conviction.

Key Takeaways:

In Nigeria, particularly in Lagos State, a pregnant woman cannot be sentenced to death, but rather, she should be sentenced to life imprisonment.
The Child's Right Act, specifically Section 221(2) and (3), restricts punishment for expectant or nursing mothers, advocating that no expectant mother or nursing mother shall be subjected to the death penalty.
If a pregnant woman is convicted, she is to be detained in a Special Mothers Center and may be released when her child attains the age of 6 years or if the child dies.
Where institutional sentence is mandatory or desirable, an expectant or a nursing mother shall be committed to and be held or detained at a Special Mothers Centre.
No mother and child shall be held or detained at a Special Mothers Centre for a period longer than the time the child would have attained the age of six years.
A court will review the sentence of a mother who has been released from a Special Mothers Centre due to the age of her child being six years before she has completed her sentence; or a child dies in her custody.
Where a mother is further given a sentence of imprisonment as a result of a review under Subsection (6) of this section, the child shall be treated as a child in need for purposes of section 178 of this Act and may be committed to the care of either his father or a fit and proper person, by a committal order.
However, the position of the law in the Federal Capital Territory is different; the pregnant woman shall be sentenced to death, but her execution will be stayed until the baby is delivered and weaned.

Statistics:

Nigeria is home to 36 states, with Lagos State exempting pregnant women from the death penalty and sentencing them to life imprisonment.
No expectant mothers or nursing mothers should be subjected to the death penalty (Section 221(2) and (3), Child's Right Act).
A pregnant woman can be detained in a Special Mothers Center for up to 6 years or until her child dies.
No mother and child shall be held or detained at a Special Mothers Centre for a period longer than the time the child would have attained the age of six years.

Sources:

Lagos State law
Section 221(2) and (3) of the Child's Right Act