Survivors of rape and incest have taken the Federal Government to court, seeking justice and enforcement of their constitutional and human rights after experiencing sexual violence that resulted in unwanted pregnancies. The survivors, acting through their legal representatives, filed a suit at the Federal High Court Lagos, challenging the government’s failure to provide comprehensive medical care as guaranteed under Nigerian and international law.

The case, led 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, seeks judicial recognition and enforcement of survivors’ right to necessary medical services, including access to safe termination of pregnancy where rape or incest has resulted in pregnancy.

The matter Suit No: FHC/LAG/2025 was heard before Hon. Justice A. Lewis-Allagoa of the Federal High Court, Ikoyi.

They rely on protections under:

Sections 33, 34, and 35 of the 1999 Constitution (Right to life, dignity, liberty)
African Charter on Human & Peoples’ Rights
Maputo Protocol
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
Violence Against Persons (Prohibition) Act, 2015 (Sections 1 & 38)
These laws affirm government obligations to provide comprehensive medical care, including reproductive health services, to victims of sexual violence.

“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.”

“I am speaking up so that other girls do not suffer in secret. We deserve to heal. We deserve safety. We deserve to be treated like human beings, not forgotten,” yet another survivor stressed.

The survivors are asking the Court to declare that:

Victims of rape and incest have a guaranteed and enforceable right to safe termination of pregnancy resulting from sexual violence.
Government has a legal duty to provide comprehensive medical care, including emergency medical treatment, psychological support, and reproductive health services.
Comprehensive medical assistance under the VAPP Act legally includes information and access to medical abortion services for survivors.

Eniola Daniel