Euthanasia and the Nigerian Legal Order: Between the Right to Life and Right to Human Dignity

Abstract

Euthanasia remains one of the most contested issues in contemporary legal and bioethical discourse, raising fundamental questions about the sanctity of life, human dignity, and individual autonomy. This paper examined euthanasia within the Nigerian legal order, particularly the interplay between the constitutional protection of the right to life and emerging arguments grounded in dignity and self- determination in end-of-life decision-making. It interrogates the existing legal framework, particularly the provisions of the Constitution of the Federal Republic of Nigeria, 1999, the Criminal Code Act and the Penal Code, which collectively render euthanasia unlawful regardless of consent or compassionate motives. The paper explored the ethical and professional dimensions of end-of-life care, highlighting the role of the Medical and Dental Council of Nigeria in regulating medical practice and reinforcing the duty of healthcare practitioners to preserve life. It also examined the conceptual distinction between active and passive euthanasia, particularly in relation to withdrawal of treatment and patient refusal of medical intervention, areas which remain insufficiently regulated within Nigerian law. Through a doctrinal and comparative approach, the paper analyses selected jurisdictions where euthanasia or physician- assisted dying are legalised under strict safeguards, drawing lessons relevant to Nigeria. It argued that while active euthanasia remains incompatible with Nigeria's current legal, moral, and socio-cultural framework, significant gaps exist in the regulation of end-of-life medico/ decisions. The paper recommended that Nigeria must enact clear legislative and policy frameworks on palliative care, patient autonomy, and end-of-life decision-making to address the ethical, legal, and practical challenges arising from contemporary medical practice.