Court of Appeal Upholds Decision to Allow Abortion Law Challenge to Proceed

The Court of Appeal maintained that a constitutional challenge to the country’s abortion laws can move forward, rejecting attempts to have the case dismissed before trial.

Three appellate judges ruled they found “no basis to interfere” with the High Court’s earlier decision, which denied the Attorney General’s motion to strike out a legal challenge to the Offences Against the Person Act – legislation dating back 163 years to the Colonial era.

The challenge, launched last year by abortion rights advocates, targets provisions that impose prison sentences of up to 10 years for women who terminate pregnancies and two-year terms for those assisting in such procedures. Under current law, abortion is only permitted when a mother’s life faces immediate danger.

In seeking dismissal, the Attorney General had contended that the Sexual Offences Act of 1995 had effectively nullified the contested sections of the Offences Against the Person Act, arguing that the challenge should instead focus on the Infant Preservation Act.

The High Court disagreed, determining that the repeal question required substantial evidence and interpretation. Given the significant public interest involved, the High Court judge ruled that full judicial consideration through trial was necessary rather than summary dismissal.

Following yesterday’s appellate decision affirming the original ruling, the constitutional challenge is now expected to proceed to a full trial in the High Court.