Abortion Is A Criminal Offence-Lawyer

A private legal practitioner, lawyer Osei Junior has said abortion is illegal under the laws of Ghana.

The lawyer speaking on the issue on Rainbow Radio 87.5Fm, the lawyer said the laws of Ghana does not permit abortion and persons involved could be prosecuted if arrested.

Abortion he said is an offence under the Criminal and other Offence Act under Ghana’s Criminal Code.

He, however, explained there are some few circumstances where abortion is permissible, but these circumstances come in a minute way.

Explaining further the lawyer said the circumstance where abortion is permissible is rape, or defilement of a mentally derailed person, incest and other few exceptions.

”There are limited exceptions where abortion is permissible. When a child is below the age of consent, abortion could be admissible if it is safe for the child. When someone is raped, the law permits abortion, but it does not permit abortion based on the financial incapability of a man who impregnates a lady, ” he added.

He further explained an abortion should be carried out by a registered gynecologist or a registered doctor in a medical facility or private hospital registered and approved by the state.

He said: ”It is not an offence if an abortion is caused by a registered medical practitioner specialising in gynaecology or any other registered medical practitioner in a Government hospital or in a private hospital or clinic registered under the Private Hospitals and Maternity Homes Act, 1958 (No. 9) or in a place approved for the purpose by legislative instrument made by the Secretary under the circumstances approved by the law.”

The other exception is where there is a substantial risk that if the child were born, it may suffer from, or later develop, a serious physical abnormality or disease.

Section 67 of the Criminal Code states that: ”(1) Where any person does an act in good faith, for the purposes of medical or surgical treatment, an intent to cause death shall not be presumed from the fact that the act was or appeared likely to cause death.

(2) Any act which is done, in good faith and without negligence, for the purposes of medical or surgical treatment, of a pregnant woman is justifiable, although it causes or is intended to cause abortion or miscarriage, or premature delivery, or death of the child.”

The position of the law

Section 58 of Ghana’s Criminal Code subsection (2) of this section:
says: (a) any woman who with intent to cause abortion or miscarriage administers to herself or consents to be administered to her any poison, drug or other noxious thing or uses any instrument or other means whatsoever; or
(b) any person who:
(i) administers to a woman any poison, drug or other noxious thing or uses any instrument or any other means whatsoever with the intent to cause abortion or miscarriage of that woman, whether or not that woman is pregnant or has given her consent;
(ii) induces a woman to cause or consent to causing abortion or miscarriage;
(iii) aids and abets a woman to cause abortion or miscarriage;
(iv) attempts to cause abortion or miscarriage; or
(v) supplies or procures any poison, drug, instrument or other thing knowing that it is intended to be used or employed to cause abortion or miscarriage,
shall be guilty of an offence and liable on conviction to imprisonment for a term not exceeding five years.

Source: Rashid Obodai Provencal|rainbowradioonline.com