Top doctors in maternal and reproductive health have said that pregnant women in Nigeria do *not* legally need their husbands’ permission to have a caesarean section (CS), even though many people believe they do.
They explained that if a woman is an adult and mentally healthy, she has the full right to decide on her medical treatment. This includes agreeing to surgeries like CS that can save her life.
The doctors noted that while many women involve their husbands in such decisions for support, the final choice belongs to the woman. She alone can give legal permission for any medical procedure on her body.
Professor Christopher Aimakhu from the University of Ibadan said that whether it’s an emergency or not, it is the woman herself who must agree to a CS.
However, if the woman is not mentally stable, then her husband or whoever is with her can give permission on her behalf.
In emergencies where waiting could be dangerous for the mother or baby, doctors are allowed by law to go ahead with the surgery even if no one is there to give consent.
In those situations, hospital legal teams usually support the doctors to make sure everything is done properly and lives are saved.
He said, “Even during emergencies, if the woman is mentally capable, she should give the consent herself. If she can’t, a guardian can step in.”
“In Nigeria, adult women can make their own medical decisions if they are mentally sound. So, when a CS is needed, the woman has the right to say yes or no.”
He added that sometimes women ask their husbands to sign the consent form, especially if the husband is present. But it’s not legally required that the husband signs anything.
“In urgent cases, doctors try to explain things quickly and save the woman’s life. The husband is not the one at risk, so the woman’s safety comes first.”
Aimakhu, who is also a leader in a national gynecology group, said it’s not Nigerian law that husbands must sign before a CS or other procedure. Many educated women make the choice themselves, though they may choose to involve their husbands.
He stressed that worldwide, the rule is the same — the patient, not the husband, gives consent. It’s her body, her pregnancy, and her decision — unless she’s mentally unfit or unconscious.
“In African culture, people often say the husband is the head of the house, and some women prefer that he knows or agrees. But this doesn’t mean he must make the medical decision.”
Still, Aimakhu explained that if *neither* the woman nor her husband gives consent, doctors can’t move forward with the procedure. Consent must come from someone legally allowed to give it.
He clarified, “I’m not saying both must agree. I’m saying someone — usually the woman — must give consent. If no one does, the doctors can’t legally go ahead.”
Dr. Modupe Adedeji, a specialist at Lagos State University Teaching Hospital, agreed with Aimakhu. She said many Nigerians don’t fully understand how CS consent works.
She said husbands often sign the forms just because they are there, not because it is required. Women who are over 18 can legally make that decision on their own.
She said doctors involve husbands sometimes because the woman may be feeling overwhelmed, but over time people started wrongly thinking that only the husband can give consent.
Dr. Adedeji also pointed out that some people use culture or religion as a reason to delay or refuse CS, but the real reason may be financial.
She said many fears — like fear of surgery, fear of blame, or fear of death — influence these decisions. People don’t want to be blamed if something goes wrong.
She added that costs are a big reason too. CS is expensive. If the government or health insurance could help cover the cost, it would be easier for families to agree to the surgery.
She concluded that in many cases, the main problem is money, but people often blame cultural or religious reasons instead. This causes delays that can risk women’s lives during childbirth.
