Legalizing Euthanasia in Nigeria: Comparative Study of Law of Euthanasia in Netherland, Belgium and Canada

Abstract

Euthanasia, right to die or mercy killing has been the course for debate globally. Though conceived as an act of
mercy, intended to relieve a person who is sick and suffering from excruciating pain and agony and who has no
hope of survival. It has been argued that legalizing it will mean tampering with the fundamental right to life of the
citizen. The patient who is the most affected continues to linger in tormenting pain because he cannot even dare end
his suffering via euthanasia as a result of its non-legalization in Nigeria. Some countries like Netherland, Belgium
and a host of others have seen the need to legalize it and have gone ahead to do so. However, irrespective of the
constitutional provisions of right to privacy, religion, liberty and freedom of thought and conscience, the principle of
autonomy and self-determination; Nigeria is still at loggerhead with legalization of euthanasia as a result of the
legal, moral and ethical dilemma presumed to be associated with it. Our penal laws explicitly criminalized any act
leading to the death of a person, whether the person causing such death, has a good intention, is immaterial. This
paper explores the concept of euthanasia, the arguments for euthanasia, challenges facing legalization of
euthanasia and proposes the way forward for Nigeria. The methodology adopted in this research is doctrinal
method, recourse being made on statutes, case laws, dictionaries and scholarly works on the subject. This work is
concluded by stating that in as much as medical science has not come to perfection, with the much of certain
research already in existence, we can boldly advocate for the legalization of voluntary euthanasia in Nigeria with
the enactment of Voluntary Termination of Life Act. The study also recommends that the criteria listed under the Act
must be duly observed while palliative care fund (PCF) should be established in all hospitals in Nigeria in order to
avoid its abuse. Involuntary euthanasia must be criminalized with a penalty of life imprisonment.