Judicial Determination of Rights of the Expectant Father in the Abortion Conundrum: Traditional and Contemporary Perception in Nigeria

Pregnancy and its termination known as abortion has become a perennial topic of discourse. This has brought up several controversial issues, such as the rights of the expectant father in the abortion process which has been downplayed in virtually all jurisdictions. This has raised several questions in this research, for instance: should a pregnant woman be allowed and given the right to terminate the pregnancy without considering the interest of the expectant father? Using library-based approach which is doctrinal in nature, this article examined rights of the expectant father in abortion process from the traditional and contemporary perception as well as the judicial approach to the rights of the expectant father. The findings revealed that in virtually all jurisdictions, the expectant father has no right to prevent a pregnant woman from having an abortion and even has no right to be informed or consulted in respect of the proposed abortion. The laws on abortion in Nigeria do not address the rights of an expectant father in abortion process. It is however suggested that an expectant father should be vested with the rights to be informed or consulted irrespective of the reasons for the abortion procedure. But if it is health related, the right of the pregnant woman should outweigh the right of the expectant father. It was concluded that once a balance is struck between the pregnant woman and the expectant father, it will definitely take care of the interest of the expectant father in the abortion decision.