Wrongful life: Can a child sue for being born? The Nigerian Legal Perspective

This article examines the controversial concept of wrongful life, where a claimant alleges that negligence led to their birth into a life of severe suffering, and evaluates its viability under Nigerian law. It aims to determine whether such claims can or should be recognised, situating the discussion within broader global jurisprudence. The study adopts a doctrinal and comparative methodology, analysing case law, statutes, and scholarly works from Nigeria and selected jurisdictions, including England and Wales, Australia, the United States, and the Netherlands. The article finds that traditional wrongful life claims seeking damages for the injury of being born are unlikely to succeed in Nigeria. This is due to the strong influence of English common law rejecting such claims, the difficulty of assessing damages, restrictive abortion laws affecting causation, and public policy considerations grounded in the sanctity of life. However, it identifies a narrow potential pathway under Section 17(1) of the Child’s Rights Act 2003, which may allow limited claims based on pre-conception negligence, particularly for recovery of extraordinary medical and care costs. The study recommends that Nigerian courts reject general wrongful life claims but remain open to awarding special damages in clear cases of pre-conception negligence. It also calls for legislative clarification and public health reforms. Overall, while wrongful life claims largely conflict with Nigerian legal principles, a limited compensatory approach focused on economic loss may be viable