DOMESTIC VIOLENCE UNDER NIGERIAN FAMILY LAW: LEGAL PROTECTION

AND CHALLENGES

PRESENTED BY

IHUNDA, VERA AMARACHI

DE.2018/ 3033

BEING A PROJECT SUBMITTED TO THE DEPARTMENT OF PRIVATE AND

PROPERTY LAW, FACULTY OF LAW, RIVERS STATE UNIVERSITY, IN PARTIAL
FULFILLMENT OF THE REQUIREMENT FOR THE AWARD OF BACHELOR OF
LAWS (LLB) DEGREE IN LAW

SUPERVISOR

BARR. S.T ALAWA

NOVEMBER, 2023.
 ABSTRACT

Domestic violence is a menace in any society but the question of domestic violence is one whose
answer can be traced back to the society itself. The law itself may not be the only answer to the
question of domestic violence and it cannot be completely perfect; nor has there been a society
completely free of crime, regardless of how elaborately encompassing and prohibiting its laws
may be. However, the absence of law will be even more chaotic for the society. The aim and
objectives of this work was to examine the concept of domestic violence as a human right
violation and makes a jurisprudential study of the law in relation to domestic violence. It
examined the laws and institutions that have been put in place to curb the vice of violence and
delves into the effect of discriminatory cultural norms that cause and encourage domestic
violence. The study adopted the doctrinal research methodology which made use of primary and
secondary sources of data that were collated and critically examined. The research found that
laws have been passed in Nigeria in relation to domestic violence, including those that are
specific to it, and those that can generally be invoked in the issue of domestic violence and that
the socio-legal challenge of domestic violence are an interrelation of social issues, causes and
effects and how they transcend to legal challenges as well as challenges that seem to be
independently caused by the law, but which, on close examination, bears roots in societal norms
and cultures. The research concluded that the laws on domestic violence and those related to it,
will have no effect in the society without the input or the efforts of the society. The research
recommended for other extralegal remedies like the creation of awareness of the existence and
effect of domestic violence by sensitization and the establishment of help centres for the victims,
thereby putting in place both preventive and remedial redresses.
 DECLARATION

I Ihunda, Vera Amarachi with the Matric. No. DE.2018/3033 of the Department of Private

and Property Law declare that the work in this project titled " DOMESTIC VIOLENCE

UNDER NIGERIAN FAMILY LAW: LEGAL PROTECTION AND CHALLENGES " has

been carried out by me under the supervision of BARR. S.T ALAWA of the faculty of

law Rivers State University, Port Harcourt. The information derived from different

literature has been duly acknowledged in the text and list of references provided.

This project is original and has not been submitted in part or full for the award of

any degree in this or any other institution.

IHUNDA, VERA AMARACHI

DE.2018/ 3033

PRIVATE AND PROPERTY LAW

NOVEMBER, 2023
 CERTIFICATION

This is to certify that the long essay, titled “DOMESTIC VIOLENCE UNDER NIGERIAN

FAMILY LAW: LEGAL PROTECTION AND CHALLENGES” was written by IHUNDA,

VERA AMARACHI with the Matric. No DE.2018/3033 of the Department of PRIVATE

AND PROPERTY LAW, has been read and approved as meeting part of the requirements for

the award of Bachelor of law (LL.B Hons) Decree in the Faculty of Law Rivers State University .

IHUNDA, VERA AMARACHI

DE.2018/3033

BARR. S.T ALAWA ____________ _____________

(Supervisor) Signature Date

DR. ANUGBUM ONOHUA ____________ _____________

(H.O.D Private and Signature Date
Property Law)

PROF. C.C Wigwe (SAN) ____________ ____________

(Dean, Faculty of Law) Signature Date

_________________ ____________ ____________

(External Examiner) Signature Date
 APPROVAL

The undersigned hereby approve that this research work was carried out by

IHUNDA, VERA AMARACHI with the Matric. No DE.2018/3033 of the Department of Private

and Property Law, under the strict supervision of BARR. S.T ALAWA and satisfied with

the scope and quality of this research work.

BARR. S.T ALAWA ____________ _____________

(Project Supervisor) Signature Date
 ACKNOWLEDGEMENT

I am deeply grateful to God Almighty for his guidance and blessings throughout my academic

journey. I would especially like to express my sincere gratitude to the Vice Chancellor, Rivers

State University, Prof. Nlerum Okogbule, The Dean, Faculty of Law, Prof. Wigwe C. C. (SAN)

and to my HOD, Private and Property Law, Dr. Anugbum Onohua for creating an enabling

environment for learning.

I would especially like to express my sincere gratitude to my supervisor, Barr. S.T Alawa, for his

invaluable expertise, support, and encouragement. His patience and belief in me were

instrumental in my success.

I am also immensely thankful to my father, Mr. Patrick Ihunda, for his unwavering care and

encouragement. His belief in me has always been a source of strength, and I owe him a debt of

gratitude that I can never fully repay. My mother, Mrs. Grace Ihunda, has also been a pillar of

support, her prayers, advice, and encouragement have been invaluable to me.

I am also grateful to Morgan David, Wisdom Igbudu and my siblings, Chimkesirim, Bridget and

Chidera, for their encouragement and support throughout the course of carrying out this research.

I would like to extend my heartfelt appreciation to my amazing friends and colleagues, Sam-

George Treasure, Emmanuella Amadi, and Ugwechi Azunda for their camaraderie,

encouragement, and support throughout my studies. Their presence made my journey more

enjoyable and memorable.

I am forever grateful to everyone who has contributed to my academic success, and I will never

take their support for granted.

 DEDICATION

I dedicate this work to God Almighty, who has seen and kept me through the beginning of this

journey until this very point. It is with sincere gratitude I say Thank you Lord for your constant

show of Mercy, Grace, and Love upon me, thank you Lord for your constant inspiration.
 TABLE OF CONTENTS

Title page
Abstract
Declaration
Certification
Approval
Acknowledgment
Dedication
Table of Cases
Table of Statue
List of Abbreviations
Abstract

CHAPTER ONE: INTRODUCTION

1.1 Background to the Study
1.2 Statement of the Problem
1.3 Research Questions
1.4 Aim and Objectives
1.5 Scope of the Study
1.6 Significance of the Study
1.7 Limitations of the Study
1.8 Research Methodology
1.9 Structure of the Study

CHAPTER TWO: LITERATURE REVIEW

2.1 Conceptual Framework
2.1.1 Domestic Violence
2.1.2 Gender Equality
2.1.3 Gender-Based Violence
2.1.4 Abuse
2.1.5 Victim
2.2 Theoretical Framework
2.2.1 Marxist Theory of Law
2.2.2 Positivist Theory of Law
2.2.3 Natural theory of law
2.3 Summary of Literature
2.4 Gap in Knowledge

CHAPTER THREE: LEGAL AND INSTITUTIONAL FRAMEWORKS

3.1 National Legal Framework
3.1.1 The Constitution of the Federal Republic of Nigeria 1999 (As amended)
3.1.2 Violence Against Persons (Prohibition) Act 2015
3.1.3 Childs Right Act 2004
3.1.4 Criminal Code Act Cap 77 LFN 2004
3.1.5 Penal Code LFN 2004
3.2 Regional Legal Framework
3.2.1 African Charter on Human and Peoples Right (ACHPR), 1948
3.3 Foreign Legal Framework
3.3.1 Domestic Violence, Crime and Victims Act 2004 (c 28) (England)
3.4 International Legal Framework
3.4.1 Universal Declaration of Human Rights, 1948 (UDHR)
3.4.2 The Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW), 1979
3.5 Institutional Frame work
3.5.1 The Courts
3.5.2 The Nigerian Police
3.5.3 International Federation of Women Lawyers (FIDA)
3.5.4 Centre for Health Ethics Law and Development (CHELD)
3.5.5 Women’s Right Advancement and Protection Alternative (WRAPA)

CHAPTER FOUR: DOMESTIC VIOLENCE UNDER NIGERIAN FAMILY LAW:

LEGAL PROTECTION AND CHALLENGES
4.1 The Nature and Concept of Domestic Violence
4.2 Types of Domestic Violence
4.2.1 Physical Abuse
4.2.2 Sexual Abuse
4.2.3 Psychological and Emotional Abuse
4.2.4 Traditional and Cultural Practices
4.3 Effects of Domestic Violence
4.3.1 Denial of Fundamental Rights
4.3.2 Lack of Development
4.3.3 Health Consequences
4.3.4 Impact on Children
4.4 Factors Responsible for Domestic Violence
4.4.1 Violence in Family of Origin
4.4.2 Lack of Education
4.4.3 Culture
4.4.4 Poverty
4.4.5 Religious orientations
4.4.6 Weaker Sex
4.4.7 Behavioural Risk Factors
4.5 Analysis of the Various Approaches to Tackling Domestic Violence
4.5.1 Law and Criminal Justice
4.5.2 Partial Decriminalization Approach
4.5.3 Socio-Economic Protections and Empowerment Initiatives
4.5.4 Alternative Dispute Resolution and Restorative Justice Mechanisms
4.6 Challenges in Implementing Domestic Violence Protections
4.6.1 Lack of Access to Justice
4.6.2 Law Enforcement
4.6.3 Tripartite Legal Systems
4.7 Socio-Legal Challenge of Domestic Violence
4.8 Analysis of Domestic Violence Cases in Nigerian Courts and Judicial Responses
4.9 Comparative Analysis on the Legal Framework for the Protection Against Domestic

Violence in Nigeria and England

4.9.1 Domestic Violence in England

4.9.2 Comparing England and Nigeria

CHAPTER FIVE: SUMMARY OF FINDINGS, CONCLUSION AND

RECOMMENDATIONS
5.1 Summary of findings
5.2 Conclusion
5.3 Recommendations

BIBLIOGRAPHY
 TABLE OF CASES

Aisha v. Niger State (2017) FHC/ABJ/CS/954/2016

Director SSS v Plies Agbakoba (1999) 3 NWLR (Pt.595) p.314, SC

Mrs. Aisha Bello v. Mr. Yusuf Bello (2021) 14 NWLR (Pt. 1806) 513
Mrs. Bisi Olanrewaju v. Mr. Segun Olanrewaju (2022) 15 NWLR (Pt. 1851) 521

Mrs. Fatima Mohammed v. Mr. Abubakar Mohammed (2023) 16 NWLR (Pt. 1896) 529

Mrs. Funmilayo Adeogun v. Mr. Adeseye Adeogun (2019) 10 NWLR (Pt. 1670) 339
Mrs. Ngozi Emenike v. Mr. Chike Emenike (2020) 12 NWLR (Pt. 1731) 500
Osuagwu v. Osuagwu (2014) 18 NWLR (Pt. 1419) 521
Popoola v State (2013)17 NWLR (Pt. 138) -

R v Sussex justices, Exparte McCarthy [1924]1 KB 256; [1923] All ER Rep -

Ransome-Kuti v AG Federation (1985) 2 NWLR (Pt. 6) p211 at 230; (1985) LPELR-SC

123/1984

Re Effiong Oko Ata (1930)10 NLR

RY Clark (1949)33 CR. APP. R. 216

United States v Morrison 527 US 1068 (1999)

United States v Rita Gluzman 953 F. Supp. 84 (S. D. N. Y. 1997), aff'd., 154 F. 3d 49. (2nd Cir.
1998)
 TABLE OF STATUTES

African Charter on Human and Peoples' Rights on the Rights of Women in Africa 2003

Child Rights Act 2003

Constitution of the Federal Republic of Nigeria 1999

Covenant Against Torture 1985

Covenants on the Elimination of All Forms of Violence Against Women 1979

Criminal Code Cap C38 LFN 2004

Cross Rivers State Domestic Violence and Maltreatment of Widows (Prohibition) Law 2004

Declaration on the Elimination of Violence Against Women 1993

Domestic Violence Offender Gun Ban 1996 (Lautenberg Amendment)

Ebonyi State Protection Against Domestic Violence and Related Matters Law 2005

Economic and Financial Crimes Commission Act Cap E.1, 2004

Ekiti State Gender-based Violence (Prohibition) Law 2011

Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against

Women (Convention of Belém do Para) 1994

International Covenant on Civil and Political Rights 1966

International Covenant on Social, Economic and Cultural Rights 1966

Lagos State Protection Against Domestic Violence Law 2007

Matrimonial Causes Act 1973

Money Laundering (Prohibition) Act Cap M. 18 2004

Penal Code No. 25 of 1960

Prevention and Suppression of Sexual Violence Against Women and Children for the Great Lake
Region 2006

Protocol On The Prevention And Suppression of Sexual Violence Against Women and Children
for the Great Lake Region (2006)

Slavery Abolition Ordinance No. 36 of 1916

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),
1979
Universal Declaration of Human Rights 1948

Universal Declaration on the Elimination on Forms of Discrimination against Women 1981

Violence Against Persons (Prohibition) Act 2015

Violence Against Women Act (VAWA) 1994

 LIST OF ABBRREVIATIONS

Aff'd Affirmed
AG Attorney General
All ER Rep. All England Report Reprint
CHELD Centre for Health Ethics, Law and Development
CPS Child Protective services
CR. APP. R. Criminal Appeals Report
EDN Edition
F. Supp. Federal Supplement
FIDA International Federation of Women Lawyers
JSTOR Journal Storage
KB King's Bench
LEDAP Legal Defence and Assistance Project
LFN Laws of the Federation of Nigeria
LPELR Law Pavilion Electronic Law Report
NLR Nigeria Law Report
NWLR Nigeria Weekly Law Report
S.D.N.Y Southern District of New York
SC Supreme Court
UDHR Universal Declaration of Human Rights
UNICEF United Nations Children's Fund
US United States
VAPP Violence Against Persons (Prohibition) Act 2015
WHO World Health Organization
 CHAPTER ONE

INTRODUCTION

1.1 Background to the Study

Domestic violence is a violation of human rights that affects individuals of all ages and genders.

Domestic violence, also recognized as household disturbance can be defined as brutal or

threatening behavior within the family, mostly involving the violent abuse of either a husband or

a wife. It is considered as a crime, because domestic violence includes both verbal and physical

abuse which is performed towards an individual. Domestic violence mostly takes place when one

tries to prevail and dominate the other person, which causes an absolute bane and misery

throughout the victim’s whole life. The growth of this act in our society is getting way more

critical nowadays.

Domestic violence has been an existing scourge in our society. It is a violation not respecting,

gender, age, status, class, race, or ethnic identity. It has been discovered to be so widespread,

affecting many countries, that it has ceased to be treated as a private family issues, but one of

public opinion concern and one intentionally recognized. It is, at the root of it, an issue of human

rights violation. It violates the fundamental freedom of women.1

Nigeria’s population is currently estimated to be over 200 million people with a demographic

pattern that indicates a significant proportion of women and children estimated to be about 49%

and 42% respectively. Being the most populous black nation, Nigeria has not been left out of

societal menaces such as violence, insecurity, corruption, and poverty.

1
S. o. opera, ‘women and girls facing violence: an examination of the violence of their human rights ‘(2018)(8)(1)
the journal of property law and contemporary issues, 220.
Domestic violence has been a common phenomenon affecting Nigeria and has displayed an

increment in prevalence over the decades. Domestic violence is a major public health problem

that affects millions of people and often results in Physical and emotional injuries and deaths.

Nations around the world have risen to this challenge by putting in place legislation to champion

the fight against domestic violence which includes policy formulations, planning, awareness,

justice for victims, and prosecution of persecutors.

Nigeria has equally risen to the occasion over the decades and laws have been put in place to

combat this menace. Federal ministries, agencies, and non-governmental agencies have also

tackled the issue of domestic violence with significant results achieved over the years.

Several state governments have also contributed to the fight against domestic violence through

concerted efforts of ministries, parastatals, and legislation. The cultural influences, public

awareness, and government policy formulations geared towards stopping domestic violence have

also been serious factors affecting the eradication of domestic violence.

While the positive outcomes of these checks have been a laudable improvement, there are still

loopholes that need to be addressed in the fight against domestic violence. The legal approach to

combating domestic violence in Nigeria has been riddled with some irregularities. While some

states do not have laws passed to tackle domestic violence, some have laws that are deficient in

inclusiveness for children or men. The levels of protection and recourse offered to victims of

domestic violence have also been a subject that needs improvement.

Domestic violence is the intentional and persistent abuse of anyone in the home in a way that

causes pain, distress or injury. It refers to any abusive treatment of one family member by

another, thus violating the law of basic human rights. It includes battering of intimate partners

and others, sexual abuse of children, marital rape and traditional practices that are harmful to
women. Female genital mutilation is a form of domestic violence. Domestic violence occurs

globally

Families from all social, racial economic, educational and religious backgrounds experience

domestic violence in different ways. Domestic violence is a pattern of abusive behavior in any

relationship that is used by one partner to gain or maintain power and control over another

intimate partner.

Women in Africa, like their counterparts the world over, suffer domestic violence irrespective of

class, age, religion or social status. Incidents of domestic violence include wife battery, beatings,

torture, acid bath, rape and even death through honor killing. It is estimated that one in every

four women suffers domestic violence from the hands of those who claim to love and protect

them.2 Many of the victims do not speak out about violations of their rights due to lack of

positive response from the society. Domestic violence is so entrenched in the society that even

the victims condone such violations of their rights, some claiming it is a sign of love. 3 Due to

poverty and economic dependence on the man, many victims suffer in silence for fear of losing

the economic support of the male perpetrator. Where a victim summons the courage to report to

law enforcement agents, the issue is trivialized and termed a “private matter.” 4

Many African countries do not have specific laws prohibiting domestic violence and punishing

perpetrators of domestic violence. Current laws do not adequately protect victims of domestic

violence. In fact, some existing laws encourage and condone domestic violence, examples

include Section 55 of the Penal Code that governs criminal justice system in northern Nigeria

discussed in details in this article . Rules of procedures in courts are not friendly to victims of
2
<www.hri.ca/tribune/viewArticle.asp?ID> accessed 14 August 2023
3
Background Paper and Domestic Violence Bill, published by Legal Defense and Assistance Project, a non-
governmental organization based in Lagos, Nigeria, p. 13 3
4
In “Nigeria: Unheard Voices – Violence against women in the family” p. 12, published by Amnesty International,
a police spokesperson in Lagos is reported as saying that the police do not take violence in the family seriously,
“unless it is a case of the rape of a child or the husband kills his wife.”
 domestic violence especially, when it is in the form of sexual assault. Judicial officers and law

enforcement officers, like officials of other institutions, are not sensitized to issues of domestic

violence or trained on how to respond to this issue. 5 Many of them also operate from the

prejudices and stereotypes of the male dominated society. The combined factors of economic

vulnerability and financial dependence of the woman on the man, social and cultural practices

that condone domestic violence, and lack of prosecution or punishment of perpetrators

discourage victims from speaking out and seeking redress. In Nigeria’s combined 4th and 5th

Country Report submitted to CEDAW Committee and deliberated upon in January 2004, it was

reported that numerous customary laws and practices such as widowhood rites, women’s

inheritance and succession to property impede the promotion of women’s rights. 6 The

widespread poverty and the political, cultural and religious marginalization of women in Africa

make the African woman more vulnerable to domestic violence. 7 , where participants at the sub

regional meeting on the Review of Beijing Platform for Action West Africa, observed that

despite the multiplicity of poverty eradication policies and strategies to date, women still

represent the highest proportion of the poor. This is the dualist system or framework under

which ratified treaties are not enforceable or justiciable until the Parliament enacts a law to

incorporate them into domestic laws.

In recent years, there have been increased efforts to enhance the protection and promotion of

women’s rights through the enactment of laws and policies internationally, regionally and

nationally. Such efforts have resulted in standard setting documents like the Convention on the

Elimination of all forms of Discrimination against Women, (CEDAW) the Beijing Platform for

Action, and so on at the international level. Some countries have passed laws and policies

5
In “Nigeria: Unheard Voices – Violence against women in the family” p. 12, Amnesty International reports that
“police officers, prosecutors and judges lack sensitization and training on issues of violence against women in
general and violence in the family in particular”.
6
(document CEDAW/C/NGA/405) also in http://www.un.org/News/Press/docs/2004/wom1427.doc.htm
7
www.uneca.org/beijingplus10/ Rapport%20Ade%20l'Ouest-Beijing+10.pdf , par. 13,
incorporating such international standards into their domestic laws. This is the dualist system or

framework under which ratified treaties are not enforceable or justiciable until the Parliament

enacts a law to incorporate them into domestic laws . For example Nigeria has incorporated into

domestic law the United Nations Protocol to Prevent, Suppress and Punish Trafficking in

Persons, Especially Women and Children, and the United Nations Convention Against

Transnational Organized Crime and the Convention on the Rights of the Child. The African

Charter on Human and Peoples’ Rights has also been domesticated. In many other countries,

however, women are faced with various and diverse obstacles enforcing international human

rights standards and therefore suffer from lack of protective laws that meet recent international

standards. Such obstacles include lack of political will by the government to domesticate ratified

international instruments as required by their constitutions, discriminatory cultural and

traditional practices, religion, and poverty.8 Others include lack of participation in politics and

decision making processes, denial of access to education and inheritance, huge cost of legal

services and prejudices against women in all the communities. In these societies, women are

accorded inferior status in relation to men, despite the huge contribution made by women to the

development of the community.9 This is the dualist system or framework under which ratified

treaties are not enforceable or justiciable until the Parliament enacts a law to incorporate them

into domestic laws. Nigeria, the focus of this research, is one such country where international

human rights instruments are yet to be incorporated into domestic laws. The long military regime

in Nigeria resulted in gender insensitive laws and polices passed by military leadership. The

advent of a civilian administration brought with it renewed hopes and aspirations that this

situation will be changed and gender sensitive laws passed and anti-gender laws and policies

8
Agina, Ada, “Gender and Elections in Nigeria”, published in Gender Issues, a publication of Legal Defense and
Assistance Project, a non-governmental organization based in Lagos, Nigeria, p. 7, 11
9
<www.uneca.org/beijingplus10/ Rapport%20Ade%20l'Ouest-Beijing+10.>pdf, par.18, where participants noted
that the concept of equality of men and women does not always find acceptance, in the society and among very
many leaders.
repealed by the civilian government. Despite increased awareness of democracy and the need to

sustain democratic rule in the country, women’s rights issues are still not properly articulated in

terms of policies and are yet to be given their proper place in the priority scale of the

government. Participants agreed that gender issues are not systematically addressed in

government or parliamentary discussions on political on institutional reform. It is also difficult

for gender issues to be included in national budgets because the requisite technical expertise is

lacking and disaggregated gender based data are unavailable. 10 Majority of women’s rights

activists, as well as other human rights activists, are not experienced in the art of lobby and

advocacy in a democratic regime, having spent most their time working under a military

dictatorship. Nigeria gained independence from Britain on October 1, 1960. Out of the 46 years

of independence (1960 – 2006), Nigerians have spent only 15 years, including the present 7

years old civilian government under civilian administration. The remaining years were spent

under successive military regimes.

Human rights activists were greatly involved in the struggle to enthrone democracy and to take

political power away from the military. However, there have been initiatives to domesticate

international instruments and protect victims and survivors of domestic violence. Current

initiatives include an advocacy campaign for the passage of a law on violence against women,

which would provide rehabilitation services for victims and survivors such as shelters and skills

acquisition programs. This is an advocacy campaign for a national law on violence against

women by a coalition of over 100 non-governmental organizations working on women’s rights

in Nigeria. This is an advocacy campaign for a national law on violence against women by a

coalition of over 100 non-governmental organizations working on women’s rights in Nigeria.

Other initiatives include the Domestic Violence Bill Advocacy project, a campaign project that

involves raising awareness about domestic violence and campaigning for the enactment of a
10
<www.uneca.org/beijingplus10/ Rapport%20Ade%20l'Ouest-Beijing+10.pdf, par. 21- >
domestic violence law in twelve states in Nigeria. The Domestic Violence Bill Advocacy Project

is an advocacy project of the Legal Defense and Assistance Project (LEDAP), a non-

governmental organization of lawyers and law related professionals engaged in law reform

advocacy for the protection and promotion of human rights and the rule of law in Nigeria . These

initiatives have met with different obstacles and challenges at different stages of the law reform

process.

1.2 Statement of the Problem

Domestic violence is one of the most disturbing social problems in contemporary times.

Available literature and observation point to the fact that intimate partner violence seems to be

on the increase in Nigeria and especially among married couples. Couples are often seen to

complain of physical abuse, sexual abuse and psychological abuse.

Most times the incidence is considered family feuds, which should be treated within the family.

Most police refuse to intervene and advise the victims to go back and settle "family matters". It

has become a thing of abnormal occurrence to go through the local newspaper or other news

medium or outlets without coming across one domestic violence story or the other, either shared

by a destined survivor or the relative of a not so lucky victim pushed into the arms of death by

the cold heart of domestic abuse.

The problem of domestic violence in Nigerian society has become apparent over political and

economic control of political positions and resources and these have a negative effect on national

peace and security. In spite of the sanitization by government and local and international non-

governmental agencies against domestic violence more is expected to be done to assess the effect

of domestic violence on national security.

The socio-legal challenges of domestic violence range from the inability of the victims to report

the violence inflicted on them when they occur, to the problem of proving violence where there

are no witnesses or where the witnesses are members of the family who are either partial, or who

have refused to testify because of their relationship with the parties.11

In fact, violence at home and in the larger society has become such a trend in recent day Nigeria

that we often hear of someone killing or maiming their spouse; acid baths by scorned lovers; or

someone being forcefully taken away from their family members.12

The problem of domestic violence is deep rooted in the society, and requires a solution that digs

down into the root of it. The solution has to affect the society in a way that it (the society) plays a

part in it, for it to be long-lasting.

The law, in its nature, cannot work on its own. This is a core reason why there is a challenge

with the eradication of domestic violence. It is not just a problem of the existence of laws that

can be effective, but one of poor response to those laws by different units of the society, thereby

impeding the effectiveness of the laws. This is especially so in Nigeria.

The assignment of gender roles and discrimination by culture has been seen to be a problem; the

placid attitude of the society towards domestic violence is a big issue. Even reporting cases of

domestic violence to the police is frustrating where the situation is made light of; the issue is

dismissed as a family issue; and the victims are sent back home to their violators to be further

violated. For instance, battered wives have been recognized to be most unwilling to lodge a

formal complaint against their partners to the police and the police are often reluctant to

intervene and quick to regard it as a purely domestic matter.13

11
E. I. Nwogugu, Family Law in Nigeria (3rd edn, HEBN publishers Plc 2014), 111.
12
The Law Pavilion Blog, 'The Violence against Persons (Prohibition) Act 2015'< https://lawpavilion.com>
accessed 14 April 2019.

13
E. I. Nwogugu, (n11), 112.
1.3 Research Questions

In accordance with the specific objectives of this study, the researcher shall investigate and offer

answers to the following questions:

1. What is the nature of domestic violence in Nigeria, including the types of abuse

experienced by victims?

2. To what extent do extant laws in Nigeria curb domestic violence?

3. What are the causes of domestic violence in Nigerian society?

4. What are the challenges that prevent victims of domestic violence from accessing legal

protection and what is the impact of these challenges on the victims.?

1.4 Aim and Objectives

This study aim to identify the legal protection available for victims of domestic violence, as well

as identifying the challenges associated with implementation and compliance with the legal

protection.

The study had the following specific objectives:

1. To determine the nature of domestic violence in Nigeria

2. To evaluate the effectiveness of the law in curbing domestic violence.

3. To examine the causes of domestic violence in Nigeria society.

4. To explore the challenges that prevent victims of domestic violence from accessing legal

protection and to assess the impact of these challenges on victims and propose

recommendations for enhancing legal protection for victims of domestic violence in

Nigeria, so as to curb the challenges.

1.5 Scope of the Study

The main focus of this study is the Nigerian jurisdiction. However, some laws in other

jurisdictions, regional and international instruments, will be considered in order to have a holistic

appreciation of the issue of domestic violence.

Domestic violence here will be considered holistically. It will not be limited to violence to a

particular gender or status, but specific forms and victims of violence will also be considered.

1.6 Significance of the Study

The impact of domestic violence extends beyond individual victims and their families, affecting

various aspects of society, including economic productivity, healthcare costs, and poverty.

Addressing domestic violence in Nigeria is crucial for achieving gender equality, promoting

social justice and enhancing the well-being of the population. The results of this study will

provide valuable insights for policymakers, civil society organizations, and other stakeholders

involved in tackling domestic violence in Nigeria and other nations. The study's evidence-based

recommendations can inform policy and practice, leading to improved outcomes for victims of

domestic violence. This research will also help law students to be informed on the laws that

prevent domestic violence, its limitations and protections. The academic community is also to

benefit largely from this research work.

Additionally, this study will contribute to the existing body of research on domestic violence in

Nigeria and offer insights for future investigations.

1.7 Limitations of the Study

Domestic violence is an issue of wide study, with more information (including statistics),

instruments and institutions than can practically be thoroughly examined with a limited time

frame. This study is, therefore, limited by time and a limitation of available resource materials.
Also, accessibility to certain relevant research materials has been limited by money as they need

to be accessed by purchase; for example, certain online journals. However, despite all these

limitations, the researcher was able to complete the work.

1.8 Research Methodology

This research work will adopt the Doctrinal Research Methodology, relying on Primary and

Secondary sources of research materials. This research involves examination and analysis of

documents.

Primary sources such as domestic legislation and international instruments, which include

Conventions, Treaties and Case Laws.

Secondary sources of information which entails a review and analysis of articles, textbooks,

academic and conference papers, reports and opinions as related to Domestic Violence Under

Nigerian Family Law; Legal Protection and Challenges.

1.9 Structure of the Study

This project is divided into five sections starting with the general introduction of chapter one.

The chapter examined the background of the study, the statement of problem of the subject

matter that informed the choice of topic, the research questions, the aims and objectives, the

scope of the study, which is restricted to Nigeria, the significance of the study, limitation and

methodology of the study.

Chapter two which is the Literature Review examines the Conceptual Framework, defining the

key concepts in the Study; the Theoretical Framework examining the theories or philosophies of

law that are relevant to the topic; the Summary of Literature examines the views and opinions of
scholars on Domestic Violence; and the Gap in Knowledge exposes the areas that have not or

have rarely been discussed in the study of domestic violence.

Chapter three deals with the Legal and Institutional Framework pertaining to domestic violence,

including Nigerian, regional and international legal and institutional framework. This

examination will provide the various provisions of the Criminal Code, the Constitution of the

Federal Republic of Nigeria 1999 (as amended), and Violence against Persons Act, 2015. The

foreign legal frameworks such as the United Nations declaration on human rights, as well as the

institutional framework of domestic violence in Nigeria.

Chapter four delves into the problem informing the topic: domestic violence under Nigerian

family law; the legal protection and challenges.

Chapter Five deals with Summary of Findings, Conclusion and Recommendations.

CHAPTER TWO

LITERATURE REVIEW

This chapter would consider the concepts associated with domestic violence. It would also

consider the theories of law and its relation to domestic violence. The opinions of scholars on the

issue shall be studied, as well as the grey areas in Gap in knowledge.

2.1 Conceptual Framework

2.1.1 Human Rights

Article 1 of the United Nations’ Universal Declaration of Human Rights (UDHR) 1948 provides

that: ‘All human beings are born free and equal in dignity and rights. They are endowed with

reason and conscience and should act towards one another in a spirit of brotherhood’. The United

Nations defines human rights as rights that are inherent to all human beings regardless of race,

sex, nationality, language, religion, ethnicity or any other status. Everyone is therefore entitled to

human rights without discrimination. It is as a result of the recognition of the importance of these

rights that led to the enactment of the Universal Declaration of Human Rights (UDHR) 14

Human rights are moral principles or norms for certain standards of human behavior and are

regularly protected in municipal and international law. They are commonly understood as

inalienable, fundamental rights "to which a person is inherently entitled simply because she or he

is a human being" and which are "inherent in all human beings", regardless of their age, ethnic

origin, location, language, religion, ethnicity, or any other status. Our modern understanding of

human rights first entered the scene after World War II. The new United Nations formed a

committee in 1945 and wrote a Universal Declaration of Human Rights. This formalized the

concept of universal human rights, as well as the role governments must play in protecting and

providing them.

O.W. Igwe defined human rights as; ‘Cherished entitlements endowed upon every person in (sic)

virtue only of being a human and which are not extinguishable by derogations (even when they

are massive, consistent and systematic) as they carry the status of innateness being inherent,

inalienable and therefore immutable’.15

14
<https://www.un.org> accessed 20th August 2023.
15
O W Igwe, Tracing the Nativity and Content of Human Rights (Hary Publications Coy 2012), 36.
Human rights to the author are the common language of humanity everywhere. Humans matter,

they shape state policies; give legitimacy to governmental actions and place states in the class

civilized or uncivilized. The state has the highest impetus to protect human rights and so

domestic rules ought to provide the platform for the enforcement of human rights within a

domestic setting. Thus where the domestic enforcement mechanisms are not effective and human

rights violation are massive, consistent and systematic, the international enforcement

mechanisms are called into action. This is why globalization is said to have redefined the context

of human rights. It has internationalized and universalized human rights. 16 Human rights are the

benchmark upon which the government activities can be assessed as they are a protection against

the power of the state to deprive people of their liberties, personal security and property.17

The Supreme Court of Nigeria per Kayode Eso, in the case of Ransom-Kuti v AG Federation,18

defined fundamental human rights as rights which stands above the ordinary laws of the land and

which in fact are antecedent to the political society itself. They are the primary conditions to a

civilized existence. In this case, the court stated that the essence of having these rights enshrined

in the constitution19 is so that the rights will be `immutable to the extent of non-immutability’ of

the constitution itself. In consideration of all the definitions of human rights discussed, we can

say that they are inborn, inherent, inborn, inalienable, indispensable, inextinguishable, paramount

and arguably above the state and the law.

2.1.2 Domestic Violence

16
O W Igwe, ‘A Legal Assessment of the Role of Lawyers in the Enforcement of Human Rights in Nigeria’ [2014]
(6)(1) Port Harcourt Journal, 16. accessed 20th August 2023.
17
O W Igwe, ‘A Legal Assessment of the Positive Duties Imposed by Economic, Social and Cultural Rights in
Nigeria’ [2014](3)(4) American International Journal of Social Science, 194 accessed 20th August 2023.
18
(1985) 2 NWLR (pt 6) p211@230;(1985) LPELR-SC.123/1984.
19
Chapter 4 CFRN 1999 (As amended)
Domestic violence is a scourge in any society and has been found to be a developmental issue in

many countries in the world. Thus this is not a problem peculiar to Nigeria alone. Violence has

been defined by the Violence Against Persons (Prohibition) Act 2015 20 (VAPP ACT) as: any act

or attempted act which causes or may cause any person physical, sexual, psychological, verbal,

emotional or economic harm. Whether this occurs in private or in public, in peace time or in

conflict situation.

The Oxford Advanced Learner’s Dictionary defined the word “domestic” as ‘Connected with the

home or family’.21 The United Kingdom government defines domestic violence as any incident

or pattern of incidents of controlling, coercive or threatening behavior, violence or abuse

between those aged 16 or over who are or have been intimate partners or family members,

regardless of gender or sexuality.22

Adana Madu defined domestic violence as a violent confrontation between family or household

members, involving physical harm, sexual assault, or fear of physical harm. The author further

described the family or household to include spouses, former spouses, those in (or formerly in) a

dating relationship, adults related by blood or marriage and those who have a biological or legal

parent-child relationship.23

Domestic violence, also called "domestic abuse" or "intimate partner violence", can be defined as

a pattern of behavior in any relationship that is used to gain or maintain power and control over

an intimate partner. Abuse is physical, sexual, emotional, economic or psychological actions or

threats of actions that influence another person. This includes any behaviors that frighten,

intimidate, terrorize, manipulate, hurt, humiliate, blame, injure, or wound someone. Domestic

20
VAPP ACT 2015 S 46.
21
A.S. Hornby, Oxford Advanced Learner’s Dictionary, (9th edn, Oxford University Press 2015
22
UK Government, CPS on ‘Domestic Abuse’ https://www.cps.gov.uk accessed 20th August 2023.
23
Adanna Chinedu Madu, Women Empowerment: In Relation to National Development and Human Rights (Snapp
Press Ltd 2010),11
abuse can happen to anyone of any race, age, sexual orientation, religion, or gender. It can occur

within a range of relationships including couples who are married, living together or dating.

Domestic violence affects people of all socioeconomic backgrounds and education levels.

Anyone can be a victim of domestic violence, regardless of age, race, gender, sexual orientation,

faith or class. Victims of domestic abuse may also include a child or other relative, or any other

household member. Domestic violence is typically manifested as a pattern of abusive behavior

toward an intimate partner in a dating or family relationship, where the abuser exerts power and

control over the victim. Domestic violence can be mental, physical, economic or sexual in

nature. Incidents are rarely isolated and usually escalate in frequency and severity.

Domestic abuse may culminate in serious physical injury or death. Studies show that women are

commonly victimized, even though men and women are victims of domestic violence.24

Women and children are the primary victims of domestic violence being that they are the

vulnerable groups in the society.25

The United Nations Declaration on the Elimination of Violence Against Women has defined

violence against women as any act of gender-based violence that results in or is likely to result in

physical, sexual or physiological harm or suffering to women, including threats of such acts,

coercion or arbitrary deprivation of liberty, whether occurring in public or private life. According

to the statistics published on the commemoration of the International Day for the Elimination of

Violence Against Women held in Nigeria, revealed that an estimated 80 million women and girls

will have significantly worse life chances than men.26

24
Adanna Chinedu Madu, (n23); 12.
25
E.I Nwogugu, (n11), 112
26
Taiye Joshua Omidoyin ‘Violence Against Persons (Prohibition Act 2015: A Positive Step to the Eradication of
Domestic Violence in Nigeria’, [2018] Nnamdi Azikiwe University Journal of International Law and
Jurisprudence (9)(1), 41,44
In a world that is flooded with so much clamour for equality and respect for human rights this is

hardly an encouraging piece of information. Violence against Women has been found to be

present throughout their lifetime, affecting girls, middle age women and older women.27

O.Eze has opined that the specific causes of such violence against women and the factors that

increase the risk of its occurrence are grounded in the broader context of systematic genderbased

discrimination against women and other forms of subordination.28

There are several forms of domestic violence. It could be physical, psychological, sexual,

emotional, or even economical. The incidents of domestic violence include beating, punching,

kicking, burning, acid baths, slapping, throwing of hot water, threatening, intimidation, verbal

abuse, depriving one of economic resources or starving, depriving one of liberty and freedom to

work to earn a living, threat to physical violence, abandonment, sexual harassment, rape, et

cetera. All these could happen to an adult, a teenager, or even a child, and includes sexual abuse

against children as well. The forms of violence intertwine sometimes, with one causing another,

or resulting in another. This is as where a person is constantly beaten, he or she is very likely

threatened often, and where the person is not threatened, the physical violence on its own will

cause emotional and psychological harm to the victim. Where a person is sexually violated, the

person's physical, emotional and psychological health are also affected. This also goes for

economic violence. The psychological or emotional form of domestic violence may be verbal or

non-verbal, and its aim is to chip away at the victim's self-respect worth and esteem and as a

result affect their feeling of independence. Sexual violence has been defined to be the act which

violates the sexual autonomy and bodily integrity of women and children under criminal law,

including, but not limited to rape, sexual assault, grievous bodily harm, assault or mutilation of

female reproductive organs, sexual slavery, enforced prostitution, forced pregnancy, enforced
27
Subrina Ogwa Opara, (n1), 219.
28
O. Eze, cited by Subrina Ogwa Opara, (n1), 219.
sterilization. It includes sexual exploitation or sexual coercion, forced abortion, deliberate

infection with sexually transmitted diseases like HIV/AIDS and any other act or form of sexual

violence.29

This is also violence when it is perpetrated against a man, even it more often happens to women.

It has been described as a public health issue with both short and long term consequences on

Women's physical, mental, sexual and reproductive health, whether in the context of intimate

partnership, within the larger family or community structure or during times of conflict. 30

The aim of domestic violence seems to be to assert power and gain control over an intimate

partner or family member.31

Though domestic violence was thought to be and was treated as a domestic or private issue in the

past, it began to attract attention since 1990, and was since regarded as a human rights issue. This

is as victims are denied a lot of their human rights, including their rights to freedom from

degrading treatment, torture, discrimination, and in worse cases, their rights to life. This situation

is deeply disturbing and reprehensible. It is said to have taken a long and resolute struggle by

women's rights movement to convince the international community to discuss violence against

women as a human rights concern and recognize that gender-based violence is a serious violation

of human rights of global importance... Thus, the issue has received increased attention

worldwide in recent years.32

The right to life and bodily integrity are core fundamental human rights that are protected by

international law.33

29
Article 1(5) of the Protocol on the Prevention and Suppression of Sexual Violence Against Women and Children
for the Great Lake Region (2006) < https:www.peaceau.org> assessed on 25th August 2023.
30
World Health Organization, ‘Sexual and Reproductive Health’ assessed 25th August 2023.
31
Taiye Joshua Omidoyin, (n26), 40.
32
Sabrina Ogwa Para, (n1), 218, 217.
33
Adanna Chinedu Madu, (n23), 13
An interview was conducted by Project Alert (2001), in a survey on violence against women. It

was done with women working in the markets and other places of work and girls and young

women in secondary schools and universities, in Lagos state, Nigeria. 64.4% of 45 women

interviewed in the work place said they had been beaten by a partner (boyfriend or husband),

56.6% of 48 interviewed market woman admitted experiencing such violence.34

Domestic violence, as has been stated before, is not a problem peculiar to Nigeria, neither is it an

African problem. It is an issue that has been noted worldwide and that affects many countries of

the world. The only difference however, might be in degree. Thus, among others, in the 2006

Annual Report on Domestic violence and sexual assault, on Alaska Network, 6000 cases on

domestic violence and 524 forcible rape cases in Alaska USA, in 2005 were reported. A 2008

Domestic and Health Survey conducted in Ghana revealed that 38.7 percent of women between

the ages of 15 and 49 years reported experiences of psychological, physical and sexual violence

by a male spouse at some point in their lives.35

According to the world Health Organization, low disclosure rates may compromise the findings

of population-based perpetration surveys on intimate partner and sexual violence. 36 The causes of

domestic violence include, cultural causes, economic causes like poverty, illiteracy alcohol

abuse, and etcetera. Domestic violence has drastic effects, from physical health conditions to

emotional, psychological and mental health issues. Domestic violence is no small issue in any

society.

34
Aihie Ose N., ‘Prevalence of Domestic Violence in Nigeria: Implications For Counseling’ [2009] (2) (1) Edo
Journal of Counseling, 3.
35
Lady Adaina Ajayi and Peyi Soyinka-Airewele ‘Key Triggers of Domestic Violence in Ghana: A Victim
Centered Analysis’ [2018](32)(1) African Population Studies, 4097.
36
World Health Organization, Preventing Intimate partner and Sexual Violence Against Women, (World Health
Organization 2010), 12.
Subrina Opara in her article expressed this by stating that violence against women is not only a

violation of their rights, but also a fundamental barrier to the eradication of poverty,

impoverishing women and girls as well as their families, communities and countries. 37

2.1.3 Law

The question of what law is having always been a philosophical one and like other concepts, law

has no accepted definition. This is as there are always shortcomings with every definition of the

law, proffered by every scholar. Thus, law is better considered in all its perceived nature to gain

a holistic appreciation of it.

The law has always been an instrument for the maintenance of peace and order and for the

regulation of human conducts and activities. Law is a rule; a rule of behavior. A code of conduct,

the rules and regulations of a particular country; the rules usually made by the legislative arm of

government which order the way persons, bodies and society should behave; and the whole

system of rules of a country.38

According to Thomas Hobbes, without law, life will be solitary, poor, nasty, brutish and short.

To him, man in a state of nature is selfish and greedy, and without the resolve of man to

surrender his rights to the government, we would live in a world where might is right, and the

weak will be oppressed by the strong. This underscores the importance or indispensability of the

law. The law in its nature, more often than not, bears a moral element. Law and morality are said

to be closely related, yet distinct.39

Karl N. Llewelyn an American jurist and writer said that “What officials do about disputes is the

law”.40

37
Subrina Ogwa Para, (n1), 219.
38
Governor of Lagos State v Ojukwu (1986) 1 NWLR pt.18, p.61 SC.
39
C C Wigwe, Jurisprudence and Legal Theory (Readwide Publishers 2011), 76.
40
Cited by L.B. Curzon, Basic Law: An Introduction for Students (2nd Ed. 1990) p.5
Laws are made for various purposes. They either follow the society; thus growing, changing and

modifying as the society grows, changes or modifies; or they can be progressive, moving ahead

of the society, either to correct an ill already in existence, and modify societal behaviours and

conducts or to educate the society on something novel, thereby causing awareness and improving

the society in the process. Law is meant to ensure justice. Justice must be done to every member

of the society as much as is possible or practicable, and like the legal principle goes, not only

must justice be done, but it must also be seen to be done.41

Law is a regime that regulates human activities and relations through systematic application of

the force of politically organized society, or through social pressure backed by force, in such a

society. It is also legislation and statutes. 42 The sources of law in Nigeria include: The

Constitution of the Federal Republic of Nigeria 1999 (As amended), statutes, legislation, case

laws, customary law, received English law, delegated legation, and rules of court, etcetera.

Many scholars who have defined law have been group together into schools, based on some

common element in their theories. Some common Schools are; the Natural Law School; the

Positive Law School; the Sociological Law School; and the Historical Law School. These

schools perceive the concept of law differently, and even within them, there are some variance in

theories among individuals theorists, as is expected of individual perception. While some

Naturalists like Thomas Aquinas and Lon Fuller believe that law must conform to higher moral

codes, without which the law is only a perversion, the positivists believe that the law ought to be

separated from morality and considered as it is; not denying that law can be moral, but stating

that law and morality are not the same thing. As long as law is written down, has elements of

command and sanction, and was made by the sovereign to the subjects, it qualifies as law. The

nature of such law is no issue. The Sociological theorists believe that the law is made for a
41
R v Sussex Justices, exparte McCarthy [1924] 1KB 256, [1923] All ER Rep 233.
42
C C Wigwe, Ibid (31), 71.
purpose, which is basically social engineering and driving at the common good, while the

Marxists believe that law is only but an instrument in the hands of the rich and powerful, known

as the Bourgeois, to maintain class domination over the poor, marginalized and working class

known as the Proletariat. Hans Kelsen, on his part, in his proposition of the Pure Law Theory,

believes that the law should be different and separate from sentiments, morality, religion, bias

and which must always derive its validity from a higher norm, until the grundorm is discovered,

outside of which no validity is derived. 43 Regardless of the complexities of the philosophical

search for the meaning of law, one thing seems to be certain: the law is indispensable. The law is

expedient in any society made of different people.

2.2 Theoretical Frameworks

The theories of law are an assessment of the question, 'what is law?' and it must be said, a very

important aspect of the study of the law. Viscount Radcliffe had this to say about jurisprudence

or the philosophy of law:

“You will not mistake my meaning or suppose that I depreciate one of the great humane studies,

if I say that we cannot learn law by learning law. If it is to be anything more than just a

technique; it is to be so much more than itself a part of history, a part of economics and

sociology, a part of ethics and a part of life.”44

Jurisprudence has been said to be as big as law, and bigger, because it goes from considering the

law as it is to asking relevant questions about the law; the purpose if the law, the perception of

43
C C Wigwe, (n39), 260.
44
C J Radcliffe, The Law and it’s Compass (Faber and Faber, 1961) https://www.worldcat.org cited in Eze Malemi,
The Nigerian Legal Method (Princeton Publishing Company 2012),18.
the law; how it functions in relation to the society. It examines the law as part of something

bigger than itself, encompassing every area of man's life.45

The theories of law that will be considered in this work are; the Positivist Law Theory; the

Natural Law Theory; the Marxist Theory. They shall be discussed below. It is worthy of note that

many theories are proposed by many theorists in each school, sometimes very different from

other theories and these cannot be exhaustively discussed in this work. Thus, only selected

propositions shall be discussed.

2.2.1 Positivist Law Theory

This theory of Law was propounded by scholars like John Austin, Jeremy Bentham and Herbert

L.A Hart. This school of thought is relevant in the Nigerian Legal System and other legal

systems in various countries. The positivist theory of law just like other theories have its

variances and shortcomings.

This theory of law propounds that Law is the law as it is, this is the central proposition of the

positivist scholars. Furthermore, the law must be written down, existent in a physical form that

can be identified. This is demonstrated by the Constitution, which provides that a person shall

not be convicted of an offence unless such an offence is defined and the penalty prescribed in a

written law, being an Act of the National Assembly, a Law of a State, a subsidiary legislation or

an instrument under the provisions of the law.46 It also provides that a person shall not be held

guilty of an offense which was not an offence at the time it took place, or given a punishment

heavier than that which was imposed at the time of the committing of the offence. 47 [51. S.

36(8).]

45
E Malemi, The Nigerian Legal Method (Princeton Publishing Company 2012), 18, 19.
46
CFRN 1999 (As amended) S. 36(12).
47
Ibid S. 36(8).
This is exactly why laws should be and are enacted to expressly prohibit acts of domestic

violence. Indeed, it is immensely commendable that the Violence Against Persons Prohibition

Act is not only comprehensive, covering many forms of violence, but has provided for

compensation of victims of domestic violence, in addition to punishment of the perpetrators,

making for an effective blend of the elements of criminal law and civil law while dealing with

domestic violence; and daring to achieve satisfying justice for the victim. Domestic violence has

come to the fore of social and legal issues as the years have progressed and has, as a response,

been met with a plethora of domestic and international instruments prohibiting them, with

institutions formed to back them up. In this regard, the law takes a stand in black and white

(written form) on its prohibition and metes out punishments in a hope to not only forestall the

act, but also to severely punish it.

Thus, laws have been put in place in Nigeria; the Constitution being the most supreme; the

Criminal Code and Penal Code; 48 the Violence Against Persons Prohibition Act, the Child Rights

Act 2003 state legislation and other international instruments. These laws are put in place to

clearly and unambiguously prevent, prohibit and punish domestic violence.

2.2.2 Natural Law Theory

The natural law theory has theorist such as Thomas Aquinas, Aristotle and Plato. The naturalist

believe among other things that the laws of God are divine, universal, good, just and equitable

and that positivist laws or man-made laws must conform with the laws of God. The also stated

further that, without these the laws are just a mere perversion of the law and ought not to be

respected or obeyed. The naturalists are thus, of the opinion that there is a higher obligation than

simple obedience to the positive law of a State. 49 Without conformity with these principles

48
Cap C38 LFN 2004.
49
C C Wigwe, (n39), 195.
(higher norms) law fails to qualify as law. Many laws have been based on the natural Law

philosophy, including the criminal law; the law of torts; the law of contract, the Economic and

Financial Crimes Commission Act,50 the Money Laundering (Prohibition) Act.51 The Human

Rights are founded on the theory of natural Law, and domestic violence is basically a violation

of fundamental human rights which are inherent and also guaranteed by the Nigerian

Constitution. This is the relationship between the natural law theory and domestic violence. The

case of Director SSS v Olisa Agbakoba52is relevant in this regard. In the case, the Plaintiff, being

a pro-democracy campaigner and Human Rights activist, following his criticism of the military

government and his call for return to democracy, had his passport seized by the State Security

Service (SSS) on his way to Hague. It was held by the Court of Appeal and the Supreme Court

that the act of the SSS was unconstitutional. This is as the plaintiff had a right to movement and

liberty. The court stated law that governed the cancellation and withdrawal of passport provided

for conditions where this would be done by the Minister of Internal Affairs and he alone can

effect the cancellation of the passport, where the stated conditions have taken place.

2.2.3 Sociological Theory of Law

The chief proponent of this school is Jean Roscoe Pound. Other philosophers of the school

include Eugene Ehrlich and Max Weber, among others. A central idea of this school is that law

is an instrument of social engineering. They believe that whatever happens was socially

constructed, and nature had nothing to do with it. They are also concered with how social justice

can be achieved and by what method such process will be achieved.53

50
Cap E.1, 2004
51
Cap M. 18 2004.]
52
(1999)3NWLR [Pt.595] P314, SC
53
C C Wigwe, (n39), 255
It cannot be argued that the fight against domestic violence, and the enactment of the law in that

regard is one driven towards social engineering and towards the achievement of 'social justice.'

Domestic violence is a societal vice. It is one that cannot be curbed overnight and would not

budge without being made illegal, and in fact criminal in many cases. The role of the law is

therefore, to step in to regulate such anti-social conducts and violation of rights, and if the right

factors are in place, like enforcement, awareness, a good report-system and culture, and the

impartiality of the enforcement bodies, legal and justice system, it is expected that there will be a

maintenance of peace, law and order in the household and in the society at large.

2.3 Summary of Literature

Michael Attah in his book on Family law 54 opines that family violence directly affects members

of the family as a unit and may disrupt the family relationship. He stated that this type of

violence is critical.

Zimmerman state that “Domestic violence is a burden on numerous sectors of the social system

and quietly, yet dramatically, affects the development of a nation… batterers cost nations

fortunes in terms of law enforcement, health care, lost labor and general progress in

development. These costs do not only affect the present generation; what begins as an assault by

one person on another, reverberates through the family and the community into the future”.55

54
Micheal Attah, Familt Welfare Law in Nigeria (AMBIK PRESS, 2016), 260.
55
Zimmerman C. Plates in a basket will rattle: Domestic violence in Combodia, Phnom Pehn. Combodia: The Asia
Foundation; 1994.
Michele Lloyd on how domestic violence impacts the lives and education of children stated that,

Violence in children’s lives often causes disruption to their schooling and harms the quality of

their educational experiences and outcomes. The abuse children experience can result in

emotional trauma, physical and psychological barriers to learning, and disruptive behavior in

school, while the underlying causes of these problems remain hidden. Knowing when and how to

seek advice from multi-agency professionals is an essential part.56

Felicia Anyogu on violence against women, stated that women face multifaceted discrimination

and exploitation even today. She is of the view that cultural practices reduce a woman's earning

capacity, making her secluded most of the time, and that the practice of mourning rights wears

her down; induces a loss of will power to fight any legal battles and affects her access to justice

adversely. She recommends the domestication of the Convention on the Elimination of all Forms

of Violence against Women (CEDAW), stating that Article 1 and 2 of the Convention defines

discrimination, and urges State parties to pursue without delay, appropriate means to eliminate

violence.57

M. O. Izzi has said that despite the fact that violence against women occurs mostly behind closed

doors, it has led to the incapacitation and death of most victims and therefore, cannot be glossed

over or ignored, especially in light of Section 33 of the Constitution that provides for the right to

life, of individuals. She described domestic violence as a human rights violation and expresses

concern about its rise in Nigeria. She went further to suggest that if the battle against domestic

violence is to be won, it has to be ensured that perpetrators do not escape with impunity and fail

to be punished for their crimes.58

56
Michele Lloyd, Domestic Violence and Education: Examining the Impact of Domestic Violence on Young
Children, Children, and Young People and the Potential Role of Schools.
57
Felicia Anyogu, Access to Justice in Nigeria: A Gender Perspective (Ebenezer Production Ltd., 2013), 380,381.
58
M. O. Izzy, 'Domestic Violence and the Human Rights Challenge in Nigeria' [2012](3) Rivers State University
Journal of Public Law, 211, 219.
Ine Nnadi in her article on rape, mentioned that women bear the brunt of a lot of violence in the

society and silently cover it up, in order to protect themselves or their families. She stated that by

doing so, culprits are allowed to go unpunished and that rape was the most dehumanizing and

grievous of all forms of violence, as it completely obliterates the person of the women and is

usually devastating in the after-effect of the crime on her.59

Violence, to Ine Nnadi, is not just a Nigerian concern, but a universal problem affecting the lives

of millions of women worldwide in all socio-economic and educational classes.60

2.4 Gap in Knowledge

Domestic violence is a widely discussed issue and a lot has been said about it in articles, books,

and so on. However, it has been noticed that not much has been said about violence to domestic

workers as domestic violence. The Lagos State Protection Against Domestic Violence Law 2007

defined domestic violence as violence of persons in domestic relationships and defined domestic

relationship to include persons who share or recently shared the same residence, including

housemaids, domestic servants or staff, housekeepers or unpaid licensees.61

Still, many definitions of domestic violence do not seem to include this category of persons,

neither are there much discussions on violence meted to them as a form of domestic violence. In

fact, it has been noticed that the area of debate in many books and articles is the intimate partner

or spousal violence and mostly violence to the women. This greatly limits the broad scope of

59
Ine Nnadi, 'Rape - A Violence Against Women and a Violation of Human Rights in Nigeria' [2015](1) Imo State
University, 19.
60
Ine Nnadi, 'Eradicating Violence and Gender Based Violence Against Women and Girls - From Rhetoric's to
Action' [2016](8)(2) The Journal of Jurisprudence and Contemporary Issues; 33.
61
Lagos State Protection Against Domestic Violence Law 2007 S. 18(1) (f) (vi).
domestic violence, as violence is done to children, men, and domestic workers in the household.

There's also no specific legislation that protects the rights of domestic workers, except the

general laws which can be invoked to redress acts of maltreatment and violence to them. It has

also been noticed that many domestic violence cases have been taken to court in Nigeria,

demonstrating the docile attitude of people to report and punish the act

CHAPTER THREE

LEGAL AND INSTITUTIONAL FRAMEWORKS

This chapter will appraise legal instruments and institutions put in place by the government as

well as Non-Governmental Organizations, to curb the issue of domestic violence. 3.1 National

Legal Framework This will appraise legal instruments put in place by the Nigerian government

to curb domestic violence.

3.1 National Legal Frameworks

3.1.1 The Constitution of the Federal Republic of Nigeria 1999 (As amended)62

The Constitution is the grundnorm from which all other laws derive their validity. All laws

relating to domestic violence are expected to be in conformity with the constitution. The

62
CFRN 1999 (As amended)
provisions of the constitution that relate to domestic violence are Chapter Two and Chapter Four.

Chapter Two which will be examined in relation to the issue of domestic violence and Chapter

Four of the Constitution which are basically fundamental rights provisions.

The Constitution of Nigeria is supreme and makes void laws which are inconsistent with its

provisions.63 It is the law from which authority is derived to establish various legal bodies,

distribute powers and enact laws. It gives validity to the government and outlines its functions.

Most importantly, it derives its authority from the people of Nigeria, providing that 'sovereignty

belongs to the people of Nigeria from whom government through this constitution derives all its

powers and authority.64

Chapter Two of the Constitution is the provision on the Fundamental Objectives and Directive

Principles of State Policy. It is termed to be 'non-justiciable. 65 This is because no suit can be

brought to court on the grounds of its provisions. The reason for the examination of chapter two

with respect to domestic violence is the fact that the chapter provides for the duties of the

government both socially, economically, and politically, and the role of the government in the

eradication of violence in Nigeria is one as equal in importance as that of the society.

Section 14(1) of the Constitution provides that the Federal Republic of Nigeria shall be one that

is based on the principles of democracy and social justice. Social justice is a political and

philosophical concept which holds that all people should have equal access to wealth, health,

well-being, justice and opportunity.66 Section 14(2) (b) provides that the security and welfare of

the people shall be the primary purpose of government.

63
Ibid s. 1(1)(3).
64
Ibid s. 14(2)(a)
65
CFRN 1999 (As amended) S.6(6)(c)
66
Will Kenton, ‘Social Justice Definition’ accessed 3rd October 2023.
Section 17(1) states that the state's social order is founded on ideals of freedom, equality and

justice. Subsection 2 further states that in furtherance of the social order, every citizen shall have

equality of rights, obligations and opportunities before the law; 67 that the sanctity of the human

person shall be recognized and human dignity shall be maintained and enhanced. 68 Subsection 3

provides that the state shall direct its policy towards ensuring that all citizens, without

discrimination on any group whatsoever, have the opportunity for securing adequate means of

livelihood as well as adequate opportunity to secure suitable employment; 69 children; young

persons and the aged are protected against any exploitation whatsoever, and against moral and

material neglect, that provision is made for public assistance in deserving cases or other

conditions of need.70

Section 19, paragraph (d) provides that the foreign policy objectives of the country shall be

respect for international law and treaty obligations as well as the seeking of settlement of

international disputes by negotiations, mediations, conciliations, arbitration and adjudication,

among others. Section 24 provides that it shall be the duty of every citizen to respect the dignity

of other citizens and the rights and legitimate interests of others and live in unity and harmony

and in the spirit of common brotherhood;71 make positive and useful contributions to the

advancement, progress and wellbeing of the community which he resides.72

This chapter of the constitution encapsulates what the duties of the government are in relation to

its citizens. The above sections thus express the obligation of the government to ensure that

citizens have security, are treated with equality, that justice is done towards them and that they

have, without discrimination on any group whatsoever, the opportunity for securing adequate
67
CFRN 1999 (As amended) Paragraph (a)
68
Ibid para (b).
69
Ibid para (a)
70
CFRN 1999 (As amended) s. 17 (3) (f)
71
Ibid para (c).
72
Ibid para (d)
means of livelihood Where all these are impeded by domestic violence, it is the duty of the

government to correct it by putting adequate mechanisms in place, hence, the enactment of

domestic violence laws and institutions formed to curb it. It is also the duty of the government by

Section 19d) to respect international obligations and the duty of the citizens to respect the dignity

of other citizens by Section 24.

The support of the Constitution against domestic violence cannot be overemphasized. The rights

in which the measures in Chapter 2 are expected to protect are provided for in Chapter Four of

the Constitution. The provisions of the constitution contain fundamental rights. Human rights are

numerous, with every one complementing the others. For example, without the right to life,

every other right is useless as life is the base upon which other rights are built. Other human

rights cannot exist without the existence of the human life; so also, where those other rights are

violated, the right to life would not make sense, and would, to say the least, only be a burden to

the bearer. Therefore, these rights go hand in hand the rights guaranteed by the Nigerian

Constitution are called Fundamental Rights. They include: right to life; right to dignity of human

person; right to personal liberty; right to fair hearing, right to private and family life; right to

freedom of thought, conscience and religion; right to freedom of expression and the press; right

to peaceful assembly and association; right to freedom of movement, right to freedom from

discrimination; right to acquire and own immovable property anywhere in Nigeria.73

Where a person suffers from domestic violence, his right to life 74 is usually at stake. His dignity 75

is affected, and oftentimes, so is his personal liberty. 76 It can violate a person's right to

73
CFRN 1999 (As amended SS. 33-43
74
Ibid s. 33
75
Ibid s. 34
76
Ibid s.35
expression,77 association,78 and movement.79 What is more? The provision on the restriction on

and derogation from the fundamental human rights 80 makes no excuse for domestic violence. In

fact, section 33 providing for the right of a person against intentional deprivation of his life, also

provides for exceptions including a situation where a person is killed as a result of the

application of such force reasonably necessary for the defense of any person from unlawful

violence.81 The point here is that the Constitution protects a person from unlawful violence, so

much so that it supports the defense of another person from it, to the extent of not considering

the taking of the life of another, in that process, as a contravention of the section.

3.1.2 Violence Against Persons (Prohibition) Act, 2015

The Violence Against Persons (Prohibition) Act (VAPP ACT), hereafter, called the Act or the

VAPP Act, is a laudable piece of legislation that deals on various forms of violence and has

attracted the compliments of scholars on its expansive and comprehensive nature. It is a law of

the National Assembly whose application, although limited to the federal capital territory,

Abuja,82 is one that covers both private and public spheres. The Act is thus, one that should be

emulated and domesticated as state legislation by the various state.

The Act is an appropriate law under which the act of domestic violence can be brought. It defines

domestic violence as the act perpetrated on any person in a domestic relationship, where such act

causes harm or may cause imminent harm to the safety, health or well-being of any person. It

defines a domestic relationship as a relationship between any person and a perpetrator of

violence constituted when they are or were married to each other, including marriages according

to any law, custom or religion; they live or have lived together in a relationship in the nature of
77
Ibid s. 39
78
Ibid s. 40
79
Ibid s. 41
80
Ibid s. 45
81
Ibid s. 33(2)(a)
82
VAPP Act 2015 s. 47
marriage, although they are not or were not married to each other, they are the parents of a child

or children or are the persons who have or had a parental responsibility for that child or children;

they are family members related by consanguinity, affinity or adoption; they are or were in an

engagement, dating or customary relationship, including actual or perceived romantic, intimate

or sexual relationship of any duration; or they share or recently shared the same residence. 83 This

definition captures every possible form of domestic relationship. The Act prohibits and punishes

physical forms of violence, such as: the willful causing or inflicting of physical injury on another

person, by means of any weapon, substance or object, coercion, which occurs where a person

coerced another to engage in any act to the detriment of that other person's physical and

psychological wellbeing, willfully placing a person in fear of physical injury; compelling

another, by force or treat, to engage in any conduct or act.84

The VAPP act prohibits sexual forms of violence, such as rape, 85 an innovation of the act, where

the definition of rape was expanded. In other words, a woman can commit the act of rape on

another and penetration need not be of the vagina. It can also be by any part of the perpetrator's

body or anything else. It prohibits the offence of incest86 and provides for the maintenance of a

register of convicted sexual offenders.87 Emotional, verbal and psychological abuse are

prohibited under section 14 of the Act. Section 17 prohibits and punishes that act of stalking. The

act of intimidation is prohibited and punished under section 18 of the Act. Abandonment of

spouse and children or other dependents without any means of subsistence.88

It is worthy of note that a spouse is a husband or a wife as recognized under the Matrimonial

Causes Act, Islamic Law and Customary Law under section 46, which is the interpretation
83
Ibid s. 46
84
VAPP Act 2015 ss. 2, 3
85
Ibid s. 1
86
Ibid s. 25
87
Ibid s. 1(4)
88
Ibid s. 16
section. The Act makes provision for the victims of violence to apply for a protection order in the

high court, which is the high court of Abuja. This is issued upon satisfaction by the court, of

certain terms as provided in section 30 of the Act. The court makes provision for the prevention

of further violence to the victim, by prohibiting the respondent from doing acts that might

endanger the victim, on granting the protection order, 89 a contravention of which might result in

the punishment of the respondent under section 36 of the Act. The court may also direct that

certain information be prohibited from being published in a law report - for example, the names

and identities of the victims - if it is satisfied that it is in the interest of justice to do so. 90 Special

rights are provided for victims of violence under section 38, in addition to the rights guaranteed

under Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria, as (amended) and

any other international human rights instruments that Nigeria is a party to. The Act also

stipulates powers and roles of the police at the scene of violence or on report of violence to

him.91 The Act provides that the body to administer the provisions of the Act is the National

Agency for the Prohibition of Trafficking in Person's and Other Related Matters (NAPTIP). 92

This body shall appoint a Coordinator For Preventing Domestic Violence who shall submit

annual report to the Federal Government on the implementation of the Act and a copy shall be

deposited with the National Bureau for Statistics.93

3.1.3 Child’s Rights Act 2003

The Child's Right Act is described as an act to provide and protect the rights of a Nigerian child;

and other related matters. Considering that a child can be domestically violated, this Act is

expedient to curb all such violations of the child. Section 2 of the Act provides that a child shall

89
Ibid s. 31
90
VAPP Act 2015 s. 39
91
Ibid s. 32
92
Ibid s. 44
93
Ibid s.42
be given protection and care necessary for his wellbeing, taking into account the rights and duties

of the child's parents, legal guardian or other individuals, institutions, services, agencies,

organizations or bodies legally responsible for the child.

The right of the child under Chapter IV of the Constitution of the Federal Republic of Nigeria

1999 (as amended) was reinforced under section 3 of the Act, in addition to specific rights that

are set out in the Act. The child has a right to name; freedom of association and peaceful

assembly; freedom of thought, conscience and religion; private and family life; freedom of

movement, freedom from discrimination; right to dignity; right to leisure, recreation and cultural

activities; right to health and health services; right to parental care, protection and maintenance;

free compulsory and universal primary education; right to special protection measures, right to

the unborn child to protection against harm, and so on. 94 Some of these rights, however, are

subject to the guidance and direction of the parent or guardian and this duty of the parents to

guide the child shall be respected by all persons, bodies and institutions. For example, the right

to thought, conscience and religion.95 Thus, among others, the child is protection from sexual

violence96 and basically any form of violence that goes against his overall well-being and rights

as specified in this Act and the Constitution. Under section 45, the State Government has the

right to conduct investigations into the welfare of the child. The State Government or an

appropriate authority can apply to the court for an assessment order, where it suspected that the

child is suffering or likely to suffer harm; or to find out the state of the child's health and

development.97 They can also apply for emergency protection orders with respect to the child. 98

The child can also be taken into police protection in the emergency.99

94
CRA 2003 ss. 5-16
95
Ibid s. 7(2)(3)
96
Ibid s.31
97
Ibid s.41(1)(a)(b)
98
Ibid s.42
99
Ibid s.44
3.1.4 The Criminal Code100

The Criminal Code contains some provisions that prohibit acts that may constitute domestic

violence. Though they may not be expressly termed domestic violence, where they involve

intimate partners or members of a household, they constitute whatever crime is being defined, as

an incidence or form of domestic violence. Most physical forms of domestic violence constitute

assault. Section 253 of the Criminal Code provides that assault is unlawful and constitute an

offence, unless it is authorized, justified or excused by the law. It may also be unlawful even if it

is done with the consent of the person against which the assault was committed.

Assault has been defined as an act done when a person strikes, touches, moves, or otherwise

applies force of any kind to the person of another; either directly or indirectly, without his

consent, or with his consent, if the consent is obtained by fraud or where such person by any

bodily act or gesture, attempts or threatens to apply force of any kind to the person of another

without his consent in such circumstances that the person making the attempt or threat has

actually or apparently a present ability to affect his purpose. The term 'applies force' was also

defined to include the case of applying heat, light, electrical force, gas, odour, or any other

substance or thing whatever applied in such a degree as to cause injury or personal discomfort.101

Unlawful assault is a misdemeanor and attracts a punishment of one year imprisonment, if no

greater punishment is provided.102 Where assault occasions harm, it is a felony and the convict

will be liable to imprisonment for three years. There is provided certain circumstances where the

use of force applied to children or servants are not regarded as assault, but as a correction of a

child or a servant.103 However, where the correction is unreasonable in kind or degree, having

100
CCA 2004
101
Ibid s.252
102
Ibid s. 351
103
CCA 2004 s. 295(1)(2)(4)(5).
regard to the physical and mental condition of the person on whom it is inflicted, the correction

will not be justified. This is also the case where the person on whom the correction is inflicted is,

by reason of tender years or otherwise, incapable of understanding the purpose for which it is

inflicted.104 The Criminal Code also prohibits and punishes the act of causing grievous harm to

another? Such act is a felony and punishable by imprisonment for seven years. Section 338

prohibits wounding and similar acts. The deprivation of liberty is prohibited and punished by the

Criminal Code. This occurs where the person unlawfully confines and detains another in any

place against his will, or otherwise unlawfully deprives another of his personal liberty, such a

person is guilty of a misdemeanour and is liable to imprisonment for two years. 105 Compelling

action by intimidation or assault are also crimes in the Criminal Code. 106 The willful destruction

or damage to the property of another is a crime.107

The Criminal Code prohibits and punishes the unlawful killing of another which might result in

extreme cases of domestic violence.108 Economic forms of violence are prohibited by the

Criminal Code. It provides for the duty of persons having charge over another by reason of

contract, law, or any act, and where such other cannot withdraw himself from such charge to

provide for that person, the necessaries of life. 109 It also imposes a duty on the head of the family

and masters to provide necessaries of life. Such person charged with the duty is said to have

caused any consequences that results to the life or health of the person, where he omits to

perform the duty.110

104
Ibid Subsection (6).
105
Ibid s.365
106
Ibid s.366 & 367(c)
107
Ibid s.451
108
Ibid s.306
109
Ibid s.300
110
Ibid ss.301 & 302.
Section 339 prohibits the failure to supply necessaries. Abandoning, exposing and desertion of

children are crimes under the Criminal Code. 111 Sexual violence like defilement and indecent

treatment of children and young people 112 are prohibited. Assault with intent to have carnal

knowledge or perform indecent acts; the offence of rape is also prohibited under the Criminal

Code.113 Rape under this Act is defined as the unlawful carnal knowledge of a woman or girl

without her consent, or with her consent, if such consent is obtained by force or by means of

threats or intimidation of any kind or by fear of harm, or by means of false and fraudulent

representation as to the nature of the act or, in the case of a married woman, by personating her

husband.114 The offender is liable to imprisonment for life with or without caning. 115 In the case

of Popoola v State,116 the appellant was alleged to have raped a student of Abeokuta Grammar

School, Ogun State. He was charged under section 358 of the Criminal Code Law, Laws of Ogun

State 1978, which is similar to section 358 of the Criminal Code Act. He was sentenced to 5

years imprisonment and his sentence was affirmed by both the Court of Appeal and the Supreme

Court. By the provision of the Criminal Code, it is obvious that the offence of rape cannot be

committed by a husband. This is however, not the case where there has been a divorce or where

there has been a separation order. As long as this order contains a clause that the woman is no

longer bound to cohabit with her husband and this order subsist, the husband can commit the

offense of rape. This was held in the case of R v Clark.117

3.1.5 The Penal Code

111
CCA 2004 s.341 & 372
112
Ibid ss. 216-223(a & b)
113
Ibid ss. 352 & 353
114
Ibid s.357
115
Ibid s.358
116
(2013) 17 NWLR (Pt 138).
117
(1949) 33 CR. APP. R. 216.
The penal code is a law that prohibits and punishes criminal activities in the Northern part of

Nigeria. It is a law relevant to the offence of domestic violence as the act can be charged as a

crime as well as a civil wrong.

In its physical form, the offence of domestic violence can be prosecuted under section 240 which

prohibits the offence of hurt. This occurs where a person causes bodily pain, disease or infirmity

to another person. Hurt is said to have been voluntarily caused when a person does an act with

the intention of thereby, causing hurt to a person or with the knowledge that he is likely thereby

to cause hurt and does thereby cause hurt to a person. 118 Hurt can also be grievous when there is

emasculation; permanent deprivation of the sight of an eye, of the hearing of the ear or the power

of speech; deprivation of any member or joint; permanent disfiguration of the head or face;

fracture or dislocation of a bone or tooth; any hurt which endangers life or which causes the

sufferer to be, during the space of twenty days, in severe bodily pain or unable to follow his

ordinary pursuits." One can cause hurt voluntarily on provocation or without provocation; one

can cause voluntary grievous hurt with or without provocation; one can cause hurt or grievous

hurt, voluntarily, by dangerous means; one can cause hurt by means of poison with intent to commit an

offence; one can also cause hurt by act endangering life or personal safety of others.

The crimes of criminal force and assault are offences prohibited under the Penal Code. Section

262 provides that a person is said to use force to another if he causes motion, change of motion

or cessation of motion to that other, or if he causes a substance to come into contact with a part

of that other's body or with anything which that other is wearing or carrying or with anything so

situated that the contact affects that other's sense of feeling where the person causing any effect

above mentioned, causes it by his own bodily power;"8 or by disposing any substance in such a

118
PCA 2004 s 242
manner that the effect takes place without any further voluntary act on his part or on the part of

any other person;" or by means of any animal.

Section 263(c) provides that whoever intentionally uses force to any person without that person's

consent, intending by the use of the force, to cause or knowing it to be likely that by the use of

the force, he will cause injury, fear or annoyance to the person to whom the force is used, is said

to use criminal force to that other.

Assault can even be caused without actual use of force. This occurs where a person makes a

gesture or a preparation intending or knowing it to be likely that such gesture or preparation will

cause any person present to apprehend that he who makes that gesture or preparation is about to

use criminal force to that person 100 It was explained further that though mere words do not

constitute an assault, if such words are accompanied by gestures or preparations that may give

the gestures and preparations such meaning, then it is assault. Punishments are prescribed in

section 265 and 266 for assault or criminal force on provocation or without provocation.

Sexual abuses as a form of domestic violence can also be brought under certain provisions of the

code. Rape is prohibited under section 282 of the Code. This occurs where a man has sexual

intercourse (complete on penetration) with a woman against her will, without her consent, with

her consent, where it is obtained by inducement of fear of death or hurt: with her consent where

the consent was given because she believes that the man is another man who she believes she is

married to and such a man committing the act knows he is not her husband

The wrongful confinement of a person is defined under the codes and prohibited. Abandonment

of a child can be seen as a psychological and emotional form of domestic violence. Section 237

provides that whoever, being the father or mother or having the care of a child under the age of

twelve years, exposes or leaves that child in a place with the intention of wholly abandoning the
child, shall be punished with imprisonment for a term which may extend to seven years or with

fine or with both. The section also, does not prevent the trial of the offender for culpable

homicide if the child dies in consequence of the exposure or abandonment. Section 238 of the

code deals with the prohibition and punishment of the willful ill-treatment or neglect of a child

below fifteen, so as to cause him unnecessary suffering.

The penal code, while it prohibits many activities that are considered criminal, and contains

many provisions under which the offence of domestic violence may be brought, it nevertheless

has been accused of encouraging domestic violence. The fact that such a correction is limited to

the extent that grievous harm is not caused, it cannot be denied that mere allowance to correct is

a pathway to abuse.

Section 282 of the Penal Code and Section 357 of the Criminal Code exempt perpetrators of rape

within marriage from punishment. In other words, a husband or wife cannot commit the offence

of rape against his or her spouse.

3.2 Regional Institutional Frameworks

This includes instruments legally established by African Communities to curb domestic violence.

3.2.1 African Charter on Human and Peoples Rights (ACHPR), 1981119

The African Charter on Human and Peoples' Rights (also known as the Banjul Charter) hereafter

referred to as ACHPR is an international human rights instrument that is intended to promote and

protect human rights and basic freedoms in the African continent. The adoption of the ACHPR

marked the beginning of a new era in terms of recognition, protection and promotion of human

rights in Africa.120 As the UDHR is to the United Nations Charter, the ACHPR is a follow up to
119
Adopted by the Organisation of African Unity (OAU) on 27th June, 1981 and entered into force 21st October,
1986
120
Office of the United Nations High Commissioner for Human Rights ‘The Major Regional Human Rights
Instruments and the Mechanisms for their Implementation’ available at
the Charter of the Organisation of African Unity (now African Union) and makes specific

provisions relating to human rights. Accordingly, Article 4 guarantees the right to life and

integrity of a person. Article 5 of the ACHPR prohibits all forms of exploitation and degradation

of man, especially "slavery, slave trade, torture, cruel, inhuman or degrading punishment and

treatment". It has been established that sexual abuse of women by their partners constitutes one

of the most dangerous forms of gender-based violence and must be understood as torture.121

Article 16 guarantees the right to the enjoyment of the best attainable state of physical and

mental health and requires States to take necessary steps to protect the health of their citizens.

Sexual and reproductive health may fall under this provision and victims of violations may seek

redress in terms of it. In terms of the rights of women and children, Article 18(3) places an

obligation on States to ensure the elimination of every form of discrimination against women and

to ensure the protection of the rights of the woman and the child as stipulated in international

declarations and conventions. Discrimination and gender inequality often encourage violence

against women and the ACHPR articulates issues of gender inequalities in various provisions. 122

The Charter not only awards rights to individuals and people, but also includes duty incumbent

upon them. These duties are contained in Article 29. Article 30 establishes the African

Commission on Human and Peoples' Rights (ACHPR Commission) to promote the rights set out

in the ACHPR and monitor implementation in States. The African Charter on Human and

Peoples' Rights is an international human rights instrument intended to promote and protect

human rights and basic freedoms across the African continent.

3.3 Foreign Legal Framework

http://www.ohchr.org/Documents/Publications/ training9chapter3en.pdf accessed on 24th October, 2023.

121
R Copelon “Recognizing the Egregious in the Everyday: Domestic Violence as Torture” (1993-1994) 25
Columbia Human Rights Law Review 295
122
A Vesa ‘International and Regional Standards for Protecting Victims of Domestic Violence’ (2004) 12(2)
Journal of Gender, Social Policy & the Law 357
3.3.1 Domestic Violence, Crime and Victims Act 2004 (c 28) (England)

Domestic violence and abuse in the United Kingdom are a range of abusive behaviors that occur

within relationships. Domestic violence or abuse can be physical, psychological, sexual,

financial or emotional. In UK laws and legislation, the term "domestic abuse" is commonly used

to encompass various forms of domestic violence. Some specific forms of domestic violence and

abuse are criminal offences. Victims or those at risk of domestic abuse can also be provided with

remedies and protection via civil law.

The Domestic Violence, Crime and Victims Act 2004 (c 28) is an Act of the Parliament of the

United Kingdom. It is concerned with criminal justice and concentrates upon legal protection and

assistance to victims of crime, particularly domestic violence. It also expands the provision for

trials without a jury, brings in new rules for trials for causing the death of a child or vulnerable

adult, and permits bailiffs to use force to enter homes.

The Domestic Violence, Crime and Victims Act 2004 is an Act of Parliament of the United

Kingdom that was enacted to provide greater protection for victims of domestic violence and

other crimes.

i. The Act introduced a number of new measures, including:

ii. The creation of a new offence of breach of a non-molestation order: This offence is

punishable by up to five years' imprisonment.

iii. The introduction of a new power for the police to arrest without warrant someone who is

suspected of breaching a non-molestation order.

iv. The extension of the protection provided by non-molestation orders to people who are not

cohabiting with their abuser.

 v. The creation of a new offence of harassment: This offence is punishable by up to six

months' imprisonment.

vi. The introduction of a new power for the police to arrest without warrant someone who is

suspected of harassment.

vii. The introduction of a new victims' code: This code sets out the rights and entitlements of

victims of crime, including the right to support from the police, the Crown Prosecution

Service and other agencies.

The Act has been successful in reducing the number of domestic violence incidents in England

and Wales. However, there is still more work to be done to prevent and protect victims of

domestic violence.

3.4 International Legal Framework

This will appraise International Instruments established to curb domestic violence.

3.4.1 Universal Declaration of Human Rights (UDHR), 1948

The Universal Declaration of Human Rights hereafter referred to as UDHR is the starting point

for the recognition of human rights in the modern society. It is the foundation for the recognition

and codification of human rights among international and national laws. According to Mann et

al, the UDHR is the cornerstone document for modern human rights. 123 The UDHR was adopted

and proclaimed by the United Nations (UN) General Assembly resolution 217 A (111) of 10

December 1948. It came into existence as a result of the international experience and atrocities

committed during the Second World War, and the decision of world leaders to complement the

123
JM Mann and othersHealth and Human Right New York: Routledge (1999) 2
United Nations Charter with a road map to guarantee the rights of every individual

everywhere.124 The UDHR incorporates civil and political rights, social, economic and cultural

rights.

Article 22 of the UDHR provides that everyone, as a member of society, has the right to social

security and is entitled to realization, through national effort and international co-operation and

in accordance with the organization and resources of each State, of the economic, social and

cultural rights indispensable for his dignity and the free development of his personality. From the

preamble the UDHR stressed that recognition of the inherent dignity and of the equal and

inalienable rights of all members of the human family is the foundation of freedom, justice and

peace in the world. Article 5 provides no one shall be subjected to torture or to cruel, inhuman or

degrading treatment punishment. One of the most important tenets of Sexual and Reproductive

Health Rights is the respect for dignity of the person, which precludes anyone from torture in

whatever form, including domestic and sexual violence, and mutilation of body parts. In

addition, Article 25 deals with the right to health.

Article 25(1) provides that everyone has the right to a standard of living adequate for the health

and wellbeing of himself and of his family, including food, clothing, housing and medical care

and necessary social services and the right to security in the event of unemployment, sickness,

disability, widowhood, old age or other lack of livelihood in circumstances beyond his or her

control. In effect, the right to health has a number of variables, including food, clothing, housing

and medical care and necessary social services. The listed variables have a direct impact on the

health of an individual. Article 25(2) further provides that motherhood and childhood are entitled

to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the

same social protection. This provision recognizes the fact that due to the delicate nature of
124
United Nations ‘History of the Document’ available at <http://www.un.org/en/documents/udhr/history.shtml>
accessed 25th October, 2023.
women, especially mothers and children, they have to be given special care and attention. While

the provisions of Article 25 are laudable, there are no mechanisms for enforcement or effects of

default in the UDHR. However, the UDHR is relevant because it has served as a model for

provisions on human rights in national constitutions. It has laid a solid foundation for

international and regional rights treaties and conventions, especially with the regard to the rights

of health.

3.4.2 Convention on the Elimination of All Forms of Discrimination Against Women

(CEDAW), 1979

Convention on the Elimination of All Forms of Discrimination Against Women hereafter

referred to as CEDAW may be regarded as the most applicable International Human Rights

treaty in terms of the rights of women.125 This is because it integrates the provisions of the

UDHR, ICESCR and the ICCPR relating to the rights of women.126

It is the main document which addresses the rights of women to be free from all forms of

discrimination.127 By virtue of CEDAW, the Committee on the Elimination of Discrimination

Against Women (hereafter CEDAW Committee) has also been set up to monitor the

implementation of the rights set out in State Parties. In line with this, the Optional Protocol to

CEDAW (OP-CEDAW) was adopted by General Assembly resolution A/54/4 of 6th October,

1999, which is similar to the OP-ICESCR in terms of analysis of how the functions of the

CEDAW Committee (with respect to monitoring implementation of rights) are carried out.

Where a right is violated, a victim may forward complaints to the Committee based on similar

conditions in the OP-ICESCR. This has made it possible for victims of violations to come under

125
I Merali ‘Advancing women’s reproductive and sexual health rights: using the International Human Rights
system’ (2000) 10(5) Development in Practice 611
126
Ibid
127
P Goldberg & N Kelly ‘International Human Rights and Violence Against Women’ (1993) 6 Harvard Human
Rights Journal 197
the umbrella of CEDAW for enforcement of their rights. In the preamble to CEDAW, it was

stressed that discrimination against women constitutes a violation of the principles of "equality

of rights and respect for human dignity", impedes "participation of women, on equal terms with

men, in the political, social, economic and cultural life of their countries, hampers the growth of

the prosperity of society and the family and makes more difficult the full development of the

potentialities of the women in the service of their countries and humanity."

Article 1 defines discrimination against women as "any distinction, exclusion or restriction made

on the basis of sex which has the effect or purpose of impairing or nullifying the recognition,

enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of

men and women, of human rights and fundamental freedoms in the political, economic, social,

cultural, civil or any other field.” The definition encompasses enjoyment of all classes of human

rights, including the right to sexual and reproductive health, as a subsect of the right to health.

Article 2 (b)-(c) enjoins State Parties to adopt appropriate legislative and other measures,

including sanctions where appropriate, prohibiting all discrimination against women; to establish

legal protection of the rights of women on an equal basis with men; and to ensure through

competent national tribunals and other public institutions the effective protection of women

against any act of discrimination. This emphasizes the fact that where there are effective

enforcement policies, there will be a high level of protection of the rights of women and

discrimination is at best, relegated. Article 5(a) provides that State Parties shall take all

appropriate measures to modify the social and cultural patterns of conduct of men and women,

with a view to achieving the elimination of prejudices and customary and all other practices

which are based on the idea of the inferiority or the superiority of either of the sexes or on

stereotyped roles for men and woman.

Coomaraswamy and Kols argue that without strong state measures, it is doubtful that religious

and cultural practices constituting violence against women will be eliminated. 128 In effect,

discriminatory cultural practices such as child marriage, female genital mutilation and other

forms of domestic violence should be curtailed by State Parties. The right to equal access to

health care facilities for all women, including those in confinement, is stated in Article 12.

Article 12(1) enjoins State Parties to take all appropriate measures to eliminate discrimination

against women in the field of health care in order to ensure, on a basis of equality of men and

women, access to health care services, including those related to family planning.

In addition, State Parties should ensure appropriate services in connection to pregnancy,

confinement and post-natal periods, free services and adequate information during pregnancy

and lactation.129 Article 12 imposes a strong obligation on State Parties to ensure that Sexual and

Reproductive Health services are adequately provided to all women, irrespective of status.

According to the CEDAW Committee, this implies an obligation to respect, protect and fulfil

women's rights to health care. States parties have the responsibility to ensure that legislation and

executive action and policy comply with these three obligations. 130 They must also put in place a

system which ensures effective judicial action.

Failure to do so will constitute a violation of article 12 Vesa argues that a woman who is a victim

of domestic or sexual violence, whose health is in danger and who cannot receive adequate

medical attention, can seek protection under CEDAW by holding her state of citizenship

responsible for not implementing legislation or other measures that would have prevented her

partner from physically abusing her, for failing to investigate and punish her partner who has

128
R Coomaraswamy& LM Kols ‘Violence Against Women’ in KD Askin &DM Koenig (eds) 1 Women and
International Human Rights Law (1999) 180
129
Article 12(2) CEDAW 1979
130
UN Committee on the Elimination of Discrimination Against Women, General Recommendations No. 24:
Women and Health, twentieth session, 1999.
committed domestic violence and for not providing the appropriate avenues to access health

care.131 States are also required to ensure the enactment of and effective enforcement of laws and

the formulation of policies, including health care protocols and hospital procedures to address

violence against women and abuse of girl children and the provision of appropriate health

services because gender-based violence is a critical health issue for women. 132 The CEDAW

Committee notes that female genital mutilation and other harmful traditional practices have

serious health and other consequences for women. 133 State Parties are enjoined to take

appropriate and effective measures with a view to eradicating the practice.134

Article 16 puts equal rights in marriage in the proper perspective, highlighting some elements of

Sexual and Reproductive Health rights. Article 16(1) (a)-(b) enjoins State Parties to take

appropriate measures to eliminate discrimination against women in all matters relating to

marriage and family relations, and in particular to ensure that marriage is entered on a basis of

equal rights of men and women to freely choose a spouse and to enter into marriage only with

free and full consent.

In its General Recommendations No. 21 of 1991, the CEDAW Committee stated as follows: "A

woman's right to choose a spouse and enter freely into marriage is central to her life and to her

dignity and equality as a human being. An examination of States parties' reports discloses that

there are countries which, on the basis of custom, religious beliefs or the ethnic origins of

particular groups of people, permit forced marriages or remarriages. Other countries allow a

woman's marriage to be arranged for payment or preferment and in others women's poverty

forces them to marry foreign nationals for financial security. Subject to reasonable restrictions

131
A Vesa ‘International and Regional Standards for Protecting Victims of Domestic Violence’ (2004) 12(2)
Journal of Gender, Social Policy & the Law 328.
132
Article 12(2) CEDAW 1979
133
UN Committee on the Elimination of Discrimination Against Women, General Recommendations No. 14:
Female circumcision, ninth session, 1990
134
Ibid
based for example on woman's youth or consanguinity with her partner, a woman's right to

choose when, if, and whom she will marry must be protected and enforced at law." 135 The right

of a couple to decide freely and responsibly on the number and spacing of their children and to

have access to the information, education and means to enable them to exercise these rights is

expressed in Article 16(1)(e).

This provision does not exclude the condition of equality, as the basis of CEDAW is equality of

the rights of both men and women. In effect, both the husband and the wife can exercise the right

to determine the number and spacing of their children. This is contrary to the belief in African

society that the husband is the head of the home and must take decisions on all matters relating to

the home. Since pregnancy and motherhood may have physical and mental effects on a woman,

she should be party to the decision of the number and spacing of her children. A very important

aspect of Article 16 is the provision on child betrothal and marriage, and the necessity for

legislative actions to stop the practice.

Article 16(2) provides that the betrothal and the marriage of a child shall have no legal effect;

and that all necessary action, including legislation, shall be taken to specify a minimum age for

marriage and to make the registration of marriages in an official registry compulsory. To prevent

health hazards such as obstetric fistula, in the form of vesico-vaginal fistula or recto-vaginal

fistula, child marriage must be completely phased out. The CEDAW Committee stated that due

to the amount of responsibility people assume when they marry, marriage should not be

permitted before they have attained full maturity and capacity to act.136

The CEDAW Committee recommends that State Parties should ensure that laws against family

violence and abuse, rape, sexual assault and other gender-based violence give adequate

135
UN Committee on the Elimination of Discrimination Against Women, General Recommendations No. 21:
Equality in Marriage and Family Relations, adopted at the thirteenth session, 1994.
136
Ibid
protection to all women, and respect their integrity and dignity. 137 Appropriate protective and

support services should be provided for victims. Gender-sensitive training of judicial and law

enforcement officers and other public officials is essential for the effective implementation of the

Convention. This has been termed the "due diligence obligation"' under international law. 138

The United Nations Office on Drugs and Crimes states that "States are required to exercise due

diligence to prevent, investigate and, in accordance with national legislation, punish acts of

violence against women whether those actions are perpetrated by the State or by private

persons.139 Thus, when a violation occurs, a State Party may be held responsible for failing to

uphold its obligations to eliminate cultural and traditional practices promoting the treatment of

women as less than men. In X and Y v Georgia,140 a mother and her daughter (both applicants),

alleged that the State failed in its duty to prevent, investigate and punish prolonged physical

violence, and sexual and psychological abuse suffered at the hands of their former husband and

father. While the marriage between the first applicant and the husband subsisted, the man

sexually abused the children and subjected them to other forms of abuse. He was reported to the

police a number of times but they never investigated nor prosecuted the man. The CEDAW

Committee found that the State breached its obligation under Articles 2 and 5 of CEDAW and

the CEDAW Committee's General Recommendation No. 19 on violence against women. The

CEDAW Committee thereafter called on the Georgian government to provide adequate financial

compensation to the applicants. The importance of CEDAW cannot be overemphasized,

especially since it has been referenced in most treaties and declarations advocating the protection

137
UN Committee on the Elimination of Discrimination Against Women, General Recommendations No. 19:
Violence against Women’ adopted at the eleventh session, 1992, 24.
138
United Nations Office on Drugs and Crimes Handbook on effective prosecution responses to violence against
women and girls Criminal Justice Handbook series, New York: United Nations (2014) 23
139
Ibid.
140
Communication no. 24/2009, available at http://ehrac.org.uk/news/ first-ever-international-decision-on-
domestic-violence-in-georgia-highlights-seriousshortcomings-in-state-response/ accessed on 25 October 2023
of women and girls. However, if a State party fails to ratify and domesticate CEDAW, its

benefits remain on paper and have no effect whatsoever.

3.5 Institutional Framework

This includes institutions that have been established both by law and legally by well-meaning

individuals and groups, to curb the problem of domestic violence in Nigeria.

3.5.1 The Courts

Courts have been established in Nigeria, as an institution resorted to when a person's right has

been violated or breached. It is trite that rights are the starting point in the question of justice and

the courts exist to do justice by enforcing those rights. There are eight types of courts in Nigeria,

including; the Supreme Court of Nigeria; the State High Court; the Sharia Court of Appeal; the

Customary Court of Appeal; and the Magistrate Court (District Court). The purpose of the court

is to establish justice for the wellbeing of the people 141 and the court that will hear a domestic

violence case will be determined by the law under which the violence is charged.

The court grants protection orders after hearing domestic violence cases. In order to obtain this,

the victim or persons acting on his behalf will file the required legal papers and follow the

requirements of state laws. The violation of these orders is a crime that can attract punishment

for the respondent.142

3.5.2 The Nigerian Police

141
Mary Ikande, ‘Types of Courts in Nigeria and their Functions https://www.legit.ng/ 1131488-types-court-
nigeria-functions.htil >accessed 25 October 2023.
142
Find Law, ‘Domestic Violence: Orders of Protected and Restraining Orders’< https://www.legit.ng/1131488-
types-court-nigeria-functions.htil > accessed 25 October 2023.
The Nigeria Police Force is the principal law enforcement and the lead security agency in

Nigeria. Designated by the 1999 Constitution as the National Police of Nigeria with exclusive

jurisdiction throughout the country.143

The Nigeria Police Force is a very large organisation consisting of 36 State commands and

Federal Capital Territory (FCT) grouped into 17 zones and 8 administrative organs. This body is

governed by the Nigerian Police Act of 2020. Section 214 of the 1999 Nigerian Constitution

reads: There shall be a Police Force for Nigeria, which shall be known as the Nigeria Police

Force, and subject to the provision of this section no other Police Force shall be established for

the Federation or any part thereof. Section 4 of the Police Acts and Regulations 144 lists the duties

of the police force to include:

The prevention and detection of crime. The apprehension of offenders. The preservation of law

and order. The protection of life and property. The due enforcement of laws and regulations with

which they are directly charged. The performance of such military duties within and outside

Nigeria as may be required of them by or under the authority of the police act or any other act.

This body is thus charged with the responsibility of protecting individuals against any form of

domestic violence.

3.5.3 International Federation of Women Lawyers (FIDA)

FIDA is an acronym for the International Federation of Women Lawyers. The acronym was

derived from the Spanish name Federacion Internacional dé Abogadas established in Mexico and

obtained a United Nations status in 1954. FIDA Nigeria is a non-governmental, non-profit

organization made up of female lawyers which was formed in 1964.The Nigerian branch was

established by Ambassador Aduke Alakija. The primary role of FIDA in Nigeria is to protect and
143
Odeyemi, Temitayo I.; Obiyan, A. Sat (14 November 2017). "Exploring the subsidiarity principle in policing
and the operations of the Nigeria Police Force". African Security Review. 27 (1): 42–60
144
Nigerian Police Act of 2020
preserve the rights of women and children in Nigeria. It actualizes its objectives through free

legal representation for indigent women and children, advocacy and policy campaigns, education

and training; mediation and counselling services. It has formally inaugurated branches in 32

States of the federation, as well as the Federal Capital Territory, Abuja. These branches are

headed by duly selected State Officer's and overseen by the national officer and state of national

secretariat.145

3.5.4 Centre for Health Ethics Law and Development (CHELD)

CHELD is an acronym for Centre for Health Ethics Law and Development. It is a non-profit

initiative established in 2010 and based in Lagos, Nigeria. Its broad mission is to provide

information on, analyze current policy responses to health issues, advocate for health law reform,

health systems reforms and health policy implementation. Its team comprises of lawyers,

doctors, health professionals, social scientists, economists, public health specialists, gender

specialists, and statisticians and each professional brings their expertise to different aspects of

CHELD'S work, providing a holistic approach to health law and policy development.146

3.5.5 Women’s Right Advancement and Protection Alternative (WRAPA)

Women’s Rights Advancement and Protection Alternative (WRAPA) is a nonprofit organization

founded in 1999 that works to increase access to justice for women across all three legal systems

in Nigeria: common, customary and Sharia law. It provides legal aid and counseling, adult

literacy classes, civic education programs, and skills training for women’s economic

empowerment. WRAPA is implementing activities that contribute to electoral integrity including

convening townhall meetings of stakeholders; engaging political parties, anti-corruption

agencies, and the electoral management body; and educating the public on the monetization of

145
FIDA Nigeria, 'International Federation of Women Lawyers', accessed 25 October 2023
146
CHELD, 'About Us ' < https://cheld.org/about-us/> accessed 25 October 2023.
the electoral process. This project contributes to electoral integrity and accountability. It seeks to

protect the rights of women and girls.

CHAPTER FOUR

DOMESTIC VIOLENCE UNDER NIGERIAN FAMILY LAW: LEGAL

PROTECTION AND CHALLENGES

4.1 The Nature and Concept of Domestic Violence

Domestic Violence is an extremely complex and vicious form of abuse, often committed within

the four walls of their house by their family members. Domestic Violence is one of the central

issues for the contemporary women’s moment in whole over the world. At various moment it has

been understood that domestic violence is a violence related to dowry, cruelty or human rights,

against women. These different concepts co-exist in everyday activity, inspiring diverse modes

of activism. To control these kinds of activities domestic violence laws supposed to be

implemented in a effective manner. Whenever law has lagged behind social change, it has

become a drag, generating its wake violence and violations of laws. In short, life and law have

marched together in history and must do so hereafter also. Domestic Violence is the violence

inflicted by the male member towards female member and female member towards male

member and a female member toward female member of the family.

Domestic Violence can also be seen as a violation of the fundamental right to live with dignity,

and of the right to equality and equal protection of the law guaranteed under the Indian

Constitution. Domestic Violence is in the majority of cases, violence against a woman by the

members of the house where she resides. It can be the husband, his parents, or siblings or any
other resident who has the overt or covert latitude for actions that can cause physical or mental

agony to the woman. But, the most important aspect of this kind of violence is the fact that it

happens behind the closed doors and is most often denied by the very woman who has been the

victim of violence. It is this aspect of the crime that segregates itself from all other kinds of the

social violence. Domestic violence is violent victimization of women, within the boundaries of

family, usually by men. A woman may of any age, she may be a girl child, unmarried or elderly

woman including a widow or such women with whom men have marriage like relationship.

Violence can be both physical and psychological. It indicates threats or aggressive behavior

towards her not only to her physical being, but towards her self-respect and self- confidence.

Frequently, a batterer isolates the victim from the family socially, emotionally and

geographically. The victim is frequently forbidden to see trusted friends and family, and is

denied the opportunity to go to school or work outside the home. There is little or no access to or

control over finances, in the midst of this terrible isolation, the abuser employs brainwashing

tactics and with no input to the contrary from anyone outside the relationship, there will be no

way for the victim to test reality.

The term “domestic violence” is used to describe actions and omissions that occur in varying

relationships. The term is used narrowly to cover incidents of physical attack, when it may take

the form of physical and sexual violations, such as pushing, pinching, spitting, kicking, hitting,

punching, choking, burning, clubbing, stabbing, throwing boiling water or acid and setting on

fire. The result of such physical violence can range from bruising to killing; what may often start

out as apparently minor attacks can escalate both in intensity and frequency.

Some people use the term “domestic violence” to include psychological or mental violence,

which can consist of repeated verbal abuse, harassment; confinement and deprivation of
physical, financial and personal resources. Contact with family members and friends may be

controlled. The forms of violation may vary from one society and culture to another.

Other people use the term to describe violence against women in the family only, and for others

it is a general label to cover any violation where the victim and perpetrator have some form of

personal relationship or where they have had such a relationship in the past. Used in this wider

sense, domestic violence encompasses child abuse, be it physical, psychological or sexual,

violence between siblings, abuse or neglect of the elderly and abuse by children of parents.

Violence is a regular part of most women’s experience in Nigeria, especially in the homes where

the expectation of every member is the attainment of psychological uplift and growth. 147 The

home which is supposed to serve as a form of succor and rest from life’s many struggles and

troubles fill many with fear and trepidation. This is because of the knowledge of what awaits

them on getting to their respective homes. Nkechi Ngene was a housewife and mother of two

minors in Enugu State. She was said to be eight months pregnant when her spouse allegedly beat

her to death. On January 31, 2012, Ngene confronted her husband about his incessant infidelity,

and the man responded by beating the living daylight out of her. Ngene sustained various

bruises, such that she began to bleed profusely and uncontrollably and was left to die by her

husband.148

Domestic violence is not only limited to Nigeria. It is a significant proportion of all violent crime

in the UK and 43% of all violent crime against British women. Generally, domestic abuse has

been estimated to be experienced by one in four women in their lifetime. 149 Domestic violence is
147
M Esere ‘and others’, ‘Causes and Consequences of Intimate Partner Rape and Violence: Experiences of victims
in Lagos, Nigeria’ (2009) 1(1) Journal of AIDS and HIV Research, 1.
148
F Famoroti, ‘Domestic Violence: When Spouses send their Partners to Early Graves’ (2012)
<nationalmirroronline.net> accessed 21 September 2023.
149
J Bostock, M Plumpton, R Pratt, ‘Domestic Violence Against Women: Understanding Social Processes and
Women’s Experiences’ (2009) 19 Journal of Community & Applied Social Psychology, 95; Women’s Aid
Federation of England ‘Domestic Violence Statistical Factsheet – Health’ (2001)
<http://www.womensaid.org.uk/dv/dvfactsh2.htm> accessed 15 October 2023.
also a significant problem in the United States. Assessments of violence estimate that

approximately 2 million women in the United States are severely assaulted by their partners each

year.150 In South Africa, the Department of Justice estimates that one out of every four South

African women are survivors of domestic violence.151 Domestic violence is the intentional and

persistent abuse of anyone in the home in a way that causes pain, distress or injury. It refers to

any abusive treatment of one family member by another, thus violating the law of basic human

rights.152 It can also be defined as a situation where a particular person is subjected to an act of

force in the home which cause pain either physically, emotionally, psychologically and which

infringes on the person’s rights. In Nigeria, women and girls are subjected to multiple forms of

violence in the homes. Due to a lack of official statistics, it is difficult to establish the extent of

domestic violence as hundreds of cases go unreported and undocumented. Domestic violence is

seldom reported because of many reasons. Some could be as a result of fear of reprisal and lack

of response from law enforcement officials. 153 Other reasons include the shame of women having

to admit they are being abused by their husbands especially for those that live in small

communities coupled with the ignorance of the fact that it is wrong and could be corrected.

The experience of being a victim of violence can generate strong negative feelings about the self,

including feelings of guilt and shame. Battered women frequently report feeling ashamed about

getting involved with the abuser or not acting on the warning signs of the abuse. The victim may

believe she is to blame for her abuse and such feelings of responsibility may decrease the

likelihood that victims will report the abuse. In addition, the victim may engage in reasoning

150
D S Riggs, Marie B Caulfield, Amy E Street. ‘Risk for Domestic Violence: Factors Associated with Perpetration
and Victimization’ (2000) 56(10) Journal of Clinical Psychology, 1289.
151
Women in Action Statistics on Domestic Violence in South Africa (2010) <www.womeninaction.co.za>
accessed 20 October 2023.
152
Aihie Ose N, ‘Prevalence of Domestic Violence in Nigeria: Implications for Counselling’ (2009) 2(1) Edo
Journal of Counselling, 1.
153
E Itoro, ‘Domestic violence and Legal Reforms in Nigeria: Prospects and Challenges’ (2007) 14(21) Cardozo
Journal of Law & Gender, 21.
strategies such as denying the abuse occurred, minimizing the threatening nature of the abuse, or

rationalizing why the abuse happened. These strategies may help the victim to cope with the

abuse, but they further decrease the likelihood that the abuse will be reported. The battered

woman may also feel very strong positive attachment towards her abuser through a process

termed traumatic bonding. These feelings of love may increase the difficulty of reporting the

abuse, perhaps because of feelings of disloyalty or guilt over “betraying” the husband. 154 Some

may not decide to take any formal proceedings against the perpetrator for reasons such as

financial threat, that is, lack of money to prosecute their cases; fear of further violence; and fear

of losing the children, their home, employment or family and having nowhere else to go.

Similarly a fear of loneliness and hope that things would change can deter women from leaving

violent situations.155 Domestic violence cuts across all communities in Nigeria and at times is

excused by a woman’s actions or failure to act. When a woman suffers violence due to failure to

meet some socially accepted standard of behavior, such failure is usually an accepted excuse for

the violence she suffers, especially within the family context. A woman could suffer violence for

refusing sex, nagging, or challenging the man’s behavior. She could be subjected to violence for

not preparing meals on time, having, or being under suspicion of having a sexual relationship

outside the marriage. In a survey carried out by Project Alert in 2001, participants were picked

randomly and included women working in the market, in other work places, and students at the

university. In Lagos, more than half of the participants confirmed their partners, boyfriends, or

husband had beaten them. Some of the reasons why they were beaten included drunkenness,

financial problems and refusing to have sex with the perpetrator. Many of the participants had

reported physical injuries and threats to their family, the perpetrator’s family and to their

154
David S Riggs, Marie B Caulfield, Amy E Street. ‘Risk for Domestic Violence: Factors Associated with
Perpetration and Victimization’ (n 4) 1289.
155
H Hendy ‘and others’, ‘Decision to Leave Scale: Perceived Reasons to stay in or Leave Violent Relationships’
(2003) 27(2) Psychology of Women Quarterly 162.
religious leaders while some just endured the abuse. There was no report of any respondent filing

a complaint with the police or seeking redress in court. 156 Domestic violence, needless to say,

could also be committed by women against men, 157 however, such cases are very few and the

purpose of this study will be the violence committed against women.

Nigeria’s population is currently estimated to be over 200 million people with a demographic

pattern that indicates a significant proportion of women and children estimated to be about 49%

and 42% respectively. Being the most populous black nation, Nigeria has not been left out of

societal menaces such as violence, insecurity, corruption, and poverty.158

Domestic violence has been a common phenomenon affecting Nigeria and has displayed an

increment in prevalence over the decades. Domestic violence is a major public health problem

that affects millions of people and often results in Physical and emotional injuries and deaths.

Nations around the world have risen to this challenge by putting in place legislation to champion

the fight against domestic violence which includes policy formulations, planning, awareness,

justice for victims, and prosecution of persecutors.

Nigeria has equally risen to the occasion over the decades and laws have been put in place to

combat this menace. Federal ministries, agencies, and non-governmental agencies have also

tackled the issue of domestic violence with significant results achieved over the years.

Several state governments have also contributed to the fight against domestic violence through

concerted efforts of ministries, parastatals, and legislation.

156
E Itoro, ‘Domestic violence and Legal Reforms in Nigeria: Prospects and Challenges’ (2007) 14(21) Cardozo
Journal of Law & Gender, 21.
157
K Falayi ‘Banker Wife Accused of Cutting Hubby’s Manhood with Knife’ The punch (Nigeria, 28 December
2013).
158
<https://www.linkedin.com/pulse/domestic-violence-nigeria-laws-limitations-aisha->morohunfola/text=Nigeria's
%20population%20is%20currently%20estimated,and%20emotional%20injuries%20and%20deaths.
The cultural influences, public awareness, and government policy formulations geared towards

stopping domestic violence have also been serious factors affecting the eradication of domestic

violence.

While the positive outcomes of these checks have been a laudable improvement, there are still

loopholes that need to be addressed in the fight against domestic violence. The legal approach to

combating domestic violence in Nigeria has been riddled with some irregularities. While some

states do not have laws passed to tackle domestic violence, some have laws that are deficient in

inclusiveness for children or men. The levels of protection and recourse offered to victims of

domestic violence have also been a subject that needs improvement.

Recent statistics have shown the alarming rates and increasing trend of domestic violence in

Nigeria. In 2019 in Lagos, a descriptive cross-sectional study was conducted. 400 adult women

aged 18-73 years who have been in an intimate relationship for at least one year participated in

the study. At the conclusion of the study, the statistic of intimate partner violence was 73%.

Moreover, a demographic health survey conducted by the National Population Commission

(NPC) Nigeria in 2014, in which a proportionate of women aged 15-49 years participated in the

research and after the research, the statistics of women experiencing lifetime physical or sexual

Intimate Partner Violence in the last 12 months was 17.4%, child marriage was 43.5% and

Female Genital Mutilation/cutting was 18.4%.159

Studies conducted in different regions in Nigeria have reported intimate partner violence

(IPV) ranging from 42% in the North, 29% in the South West, 78.8% in South East, and 41% in

South-South. Also, a research in 2004 conducted a study using two private antenatal hospitals in

Lagos in which the statistics provided that 80.1% of women who participated in the study
159
National Population Commission, Nigeria, and ICF International. 2014. Nigeria Demographic and
Health Survey 2013. Abuja, Nigeria, and Rockville, Maryland, USA: NPC and ICF International.
showed that 47.1% of women reported a history of abuse, of the 197 women who reported abuse

11.7% experienced abuse for the first time during the current pregnancy, 49.2% experienced

abuse prior to and during pregnancy and in remaining 39.1% abuse predate the current

pregnancy. The research also showed that the most common type of abuse reported is verbal

abuse which is 52.3%, followed by economic deprivation is 30%, physical abuse at 25%, the

threat of violence at 10.8%, and forced sex at 14.2%. The perpetrators of the abuse were

husbands and boyfriends 78.7%, In-laws 31.5% and other relations 6.1%.160

A study commissioned by the ministry of women’s Affairs and social development and the

United Nations Population Fund (UNPFA) provided that 28% of Nigerian women aged 25-29

have experienced some form of physical violence since age 15.

However, it is important to note that it is not only women that suffer domestic violence in

Nigeria; researchers have also shown the rate at which men are also subjected to domestic

violence.

4.2 Types of Domestic Violence

4.2.1 Physical Abuse

Physical abuse can be defined as a maltreatment of a person which can result in harmful and

adverse effects in respect of his or her physical health.

Physical abuse may involve hitting, shaking, throwing, poisoning, drowning, suffocating,

burning or scalding a person.161 A recent form of violence against women in Nigeria is the use of

acids, which are corrosive chemicals usually used in laboratories and factories, and cause

160
Ohadugba, O. O., Owoaje, O. A., & Fagbemi, A. O. (2014). Intimate partner violence against women in Nigeria:
A multilevel study investigating the effect of women's status and community norms. BMC Women's Health,
14(1), 60.
161
HM Govt, ‘Working Together to Safeguard Children; A Guide to Inter-Agency Working to Safeguard and
Promote the Welfare of Children’ (2010) <http://kingstoniscb.org.uk> accessed 27 September 2023.
permanent disfigurement of the victims. Many cases of acid baths are a result of the refusal of

the woman to renew, or at times submit to, a relationship with the perpetrator.162

4.2.2 Sexual Abuse and Rape

For many women and girls, sexual coercion and abuse are defining features of their lives. Forced

sexual contact can take place at any time in a woman’s life and includes a range of behaviours,

from forcible rape to nonphysical forms of pressure that compel girls and women to engage in

sex against their will. In such cases, a woman lacks choice and faces severe physical, social, or

economic consequences if she resists sexual advances. Studies indicate that much non-

consensual sex takes place within consensual unions and includes a woman being compelled to

have sex when she does not want it, or to engage in types of sexual activity that she finds

degrading or humiliating.163 Sometimes, the assailant uses sex to inflict humiliation on the victim

or exert power and control over the victim. The un Declaration specifies that rape, marital rape

and sexual abuse are forms of violence against women. Article 2 makes it clear that states must

refrain from engaging in violence against women and exercise due diligence to prevent,

investigate and, in accordance with national legislation, punish acts of violence against women,

whether those acts are perpetrated by the State or by private persons. 164 Rape, however,

especially marital rape is hardly ever reported, because women are sometimes fearful of losing

their husbands and being left to cater for their children alone. Some women also just accept

apologies and continue with their lives even though the offence is repeated constantly. Marital

rape is also very hard to prove since it usually does not happen with any witness around and

there is hardly any proof.165

162
E Itoro, ‘Domestic violence and Legal Reforms in Nigeria: Prospects and Challenges’ (2007) 14(21) Cardozo
Journal of Law & Gender, 21.
163
M Ellsberg, L Heise, ‘Researching Violence Against Women: A Practical Guide for Researchers and Activists’
(2005) Washington DC, United States: World Health Organization, PATH 9.
164
C J Onyejekwe, ‘Nigeria: The Dominance of Rape’ 2008 10(1) Journal of International Women’s Studies 50.
165
Oludotun v The State [2005] SC 272; R v Clarence [1888] QBD 23.
Another form of sexual violence which affects women is revenge pornography. Revenge

pornography, also known as non-consensual pornography is the distribution of sexually graphic

images of individuals without their consent. This includes not only images that were originally

obtained without consent, for example, hidden recordings of sexual assaults) but also images

originally obtained with consent, for example images consensually given to an intimate partner

who later distributes them without consent. 166 Most victims are women and its sole aim is to

embarrass, humiliate and degrade a woman sexually. It can be categorized under domestic

violence because the culprit is usually a wronged or bitter lover who is seeking revenge for being

abandoned. In some instances, the name, mobile contact, work details and home address of the

pictured person are made available. 167 Sexual abuse in the home is also experienced by children,

especially females. Their case is especially important because abused children grow up to be

psychologically affected women whose progress might be affected by the harm they had

experienced in the past. More common is the sexual abuse of domestic servants especially the

female ones. Most times, these activities are perpetrated by people who are temporarily under an

obligation to care for them. In 2011, an eight year old girl who was sent to live with her aunt’s

friend because of lack of funds was continually starved and was raped every night by the two

men who stayed in the house with them and who threatened to kill her if she ever told

anyone.168 Also, a seven year old girl accused her father of rape stating that her 49 year old father

had sex with her on a daily basis when her mother was not around.169

4.2.3 Psychological and Emotional Abuse

166
M A Franks, ‘Combating Non-Consensual Pornography: A Working Paper’ (2013)
<www.womenslegalnsw.asn.au> accessed 13 October 2023.
167
S. Fagorusi, ‘Revenge Pornography’ The Punch (Nigeria, 15 November 2013) 15.
168
Beaten by Hajia, Raped by Two Men’ The Punch. (Nigeria, 10 September 2011) 16.
169
K. Falayi, ‘Scarred for Life: Story of Children Raped by their Own Fathers’ The Punch (Nigeria, 28 December
2013) 14.
Psychological and emotional abuse could include neglect, lack of proper care, verbal insults and

a situation whereby such victims is made to feel worthless and less confident of herself. Neglect

could also extend to the stage of pregnancy whereby the woman is left alone to care for herself

and her baby without the needed support. Although this form of abuse is not commonly reported

in Nigeria, it is the source of many revenge actions taken by women and could escalate to mental

health problems and suicide.

4.2.4 Traditional and Cultural Practices

There are many cultural practices perpetrated against women which constitute a form of abuse to

them.170 One of such forms of abuse is Female Genital Mutilation, who gave a comprehensive

definition of Female Genital Mutilation (fgm) as follows;

Female genital mutilation comprises all procedures that involve partial or total removal of the

female external genitalia and or injury to the female genital organs for cultural or any other non-

therapeutic reasons.171

The procedure is typically performed on girls aged between four and thirteen, but in some

cases, fgm is performed on new born infants or on young women before marriage or pregnancy.

A number of girls and women die as a direct result of the procedure from blood loss or infection,

either following the procedure or subsequently in childbirth.172 The operation is extremely bloody

and painful, and performed without anaesthesia. The immediate and long-term risks to health

includes; death due to haemorrhage, postoperative shock, septicaemia, tetanus, human

immunodeficiency virus infection; uterine and urinary infection; and infertility caused by

170
Alawusa v Odusote [1941] WACA 7, appellant shaved pubic hair of his wife according to native law and custom,
he was charged with indecent assault under s 360 of the Criminal Code, on appeal to the West African Court of
Appeal, it was held that assault between husband and wife could not be indecent, hence returned a verdict of
assault.
171
N Toubia, ‘Female Circumcision as a Public Health Issue’ (1994) 331 New England J Medical Journal, 712.
172
HM Govt, “Working Together to Safeguard Children; A Guide to Inter-agency Working to Safeguard and
Promote the Welfare of Children” (2010) <http://kingstoniscb.org.uk> accessed 27 September 2023.
endometriosis when the menstrual flow cannot escape. Childbirth may be difficult, requiring

incision or caesarean section, and reinfibulation after each birth, and may result in intrauterine

foetal death. In addition are the psychological effects and sexual difficulties. 173 Unintended

additional damage is often caused because of the crude tools, poor light, poor eyesight of the

practitioner, and septic conditions, or because of the struggling of the girls or women during the

procedure. There are three variations of female genital mutilation of which the most severe,

infibulation involves the cutting out of all external genitalia and sewing up of the wound leaving

only a tiny opening for the passage of urine and menstrual fluid. 174 The practice of female genital

mutilation is illegal in most countries, including Britain. The Female Genital Mutilation Act

2003 made it an offence for uk nationals or permanent uk residents to carry out fgm abroad, or to

aid, abet, counsel or procure the carrying out of fgm abroad, even in countries where the practice

is legal.175 However, there’s currently no Federal Law on Female Genital Mutilation in Nigeria

and advocates against the practice presently rely on section 34(1) (a) of the 1999 Constitution

which states that ‘no person shall be subjected to torture or inhuman or degrading treatment’.

Section 11(b) Child Rights Act, 2003 also provides that no child shall be subjected to torture,

inhuman or degrading treatment or punishment. However, some states of the Federation

including Lagos, Osun, Ondo, Ogun, Ekiti, Bayelsa, Edo, Cross river and Rivers have

enacted fgm laws although implementation has been stated to be a huge challenge. 176 Quite

recently, it was reported in the news that a 17 year old girl fled her family home in the Ijaw

Local Government area of Bayelsa State and has been declared missing having witnessed the

173
S Hopkins, ‘A Discussion of the Legal Aspects of Female Genital Mutilation’ (1999) 30(4) Journal of Advanced
Nursing 926.
174
E Webb, B Hartley, ‘Female Genital Mutilation: A Dilemma in Child Protection’ (1994) 70 Archives of Disease
in Childhood, 441.
175
RM Abusharaf, ‘Unmasking Tradition: A Sudanese Anthropologist Confronts Female ‘Circumcision’ and its
Terrible Tenacity’ (1998) 38(2) The Sciences (New York Academy of Sciences) 22–27.
176
CAGEM, ‘Ban Female Genital Mutilation in Nigeria’ (2012) <saynotoviolence.org> accessed 22 August 2023.
painful and agonizing death of her younger sister who was grievously mutilated on January 15,

2012.177

Another cultural and traditional abuse that women or girls face is child marriages. Child

marriage could be defined as any marriage of a child younger than the age stipulated in a

particular country as marriageable age for a child. It can also be defined as a marriage conducted

without the valid consent of one or both parties and in which duress, whether physical or

emotional is a factor.178 This form of abuse affects the child as such a child is not capable of

bearing the responsibilities and challenges associated with marriage for example, childbirth and

taking care of the home. It also affects her level of education.

Child marriage is more than a violation of the fundamental right to freely consent to marriage. It

is often accompanied by other forms of harm. 179 In an interview in a daily National Newspaper,

the chairman, House of Representatives Committee on Diaspora, Mrs Abike Dabiri-Erewa,

stated that while she was a reporter, she encountered many girls between the ages of 13 and 15,

who were suffering from Vesico Vaginal Fistula180 (vvf). They suffer complications as a result of

pregnancy and forced sex that virtually destroy their whole makeup as women. 181 Young mothers

face higher risks during pregnancies including complications such as heavy bleeding and

infection which contribute to higher mortality rates of both mother and child. This makes them

more vulnerable to school dropout. In Nigeria, the Child Rights Act 2003 specifically prohibits

the betrothal and marriage of children. It provides that no person under the age of 18 years is

capable of contracting a valid marriage, and accordingly, a marriage so contracted is null and
177
‘Girl, 17, flees Home over Forced Circumcision’ Premium Times (Nigeria, 23 February 2012)
<www.premiumtimesng.com> accessed 18 October 2022.
178
FORWARD, ‘Child Marriage’ (2012) <http://www.forwarduk.org.uk> accessed 12 September 2023.
179
KS Seelinger, ‘Forced Marriage and Asylum: Perceiving the Invisible Harm’. Columbia Human Rights Law
Review. 42(55). (2010) 56.
180
VVF involves the breakdown of tissue in the vaginal wall communicating into the bladder … or rectum. It often
leads to urinary and or fetal incontinent and, in some instances, can also result in the paralysis of the lower half
of the body.
181
J Ameh, ‘No Religion Permits Child Marriage’. The punch (Nigeria, 27 July 2013) 44.
void and of no effect whatsoever.182 Implementing these provisions, however, is a huge problem

in Nigeria and the practice still thrives in some areas especially in those states where the Child

Rights Act 2003 have not been adopted.

4.3 Effects of Domestic Violence

4.3.1 Denial of Fundamental Rights

Violence against women is recognized as a violation of human rights. As early as 1984, the

Universal Declaration of Human Rights adopted by the un General Assembly identified violence

against women as an abuse that threatens the security of women and their fundamental rights to

life and liberty, as well as freedom from fear and want. 183 Also in December 1993, the United

Nations High Commissioner for Human Rights published the Declaration on the Elimination of

Violence Against Women or Violence Against Men. Section 34(1)(a) of the Constitution also

provides that every individual is entitled to respect for the dignity of his person, and accordingly,

no person shall be subject to torture or to inhuman or degrading treatment.

4.3.2 Lack of Development

Violence against women causes human suffering, impediments to personal development and

reduction in the contribution women can make to the lives of others. Violence against women

does not avail women the power to protect themselves from unwanted pregnancy and sexually

transmitted diseases.184 Domestic violence against women has incalculable costs to present and

future generations and limits a woman’s personal growth, her productivity and her socio-

182
Child Rights Act 2003, s 21 A person who marries a child; or to whom a child is betrothed; or who promotes
the marriage of a child; or who betroths a child commits an offence and is liable on conviction to a fine of five
hundred thousand Naira or imprisonment for a term of five years or to both such fine and imprisonment. See
also Child Rights Act 2003, s 23.
183
Y Che, J Cleland, ‘Unintended Pregnancy Among Newly Married Couples in Shanghai’ (2004) 30(1) Int.
Family Planning Perspective 6–11.
184
MA Ushie, ‘and others’ ‘Violence Against Women and Reproduction Health among African Women: The Case
of Bette Women of Obudu in Cross River State, Nigeria’. (2011) 3(2) International Journal of Sociology and
Anthropology, 70.
economic roles. Also, women’s aspirations and achievements are inhibited, not just by the

injuries of physical attacks but by the implicit threat to social development. By subjecting

women to violence and without a social structure that endeavours to stop this practice, the

women could be made to believe that they are actually inferior to their counterparts and that they

deserve the abuse. This can affect their self-image and perception of men in general. 185 States that

fail to prevent and prosecute perpetrators of domestic violence treat women as second-class

citizens and send a clear message that the violence against them is of no concern to the state. 186

4.3.3 Health Consequences

Domestic violence is a profound health problem that compromises women’s physical and mental

health, and erodes their self-esteem. In addition to causing injury, violence increases women’s

long-term risk of a number of other health problems including chronic pain, physical disability,

drug and alcohol abuse, and depression. Women with a history of physical or sexual abuse are

also at increased risk for unintended pregnancy, sexually transmitted infections, and

miscarriages. For many women, the psychological consequences of abuse are even more serious

than its physical effects. The experience of abuse often erodes women’s self-esteem and puts

them at greater risk of a variety of mental health problems including depression, anxiety,

phobias, post-traumatic stress disorder, and can also result in alcohol and drug abuse. Violence

and sexual abuse also lie behind some reproductive health issues like unwanted

pregnancies, hiv and other stis, and complications of pregnancy.187

4.3.4 Impact on Children

185
Mary Esere, ‘and others’ ‘Causes and Consequences of Intimate Partner Rape and Violence: Experiences of
Victims in Lagos, Nigeria’ (n 1), 1.
186
E Abama, ‘Violence against Women in Nigeria: How the Millennium Development Goals Addresses the
Challenge’ (2009) 3(3) The Journal of Pan African Studies 30.
187
M Ellsberg, L Heise, ‘Researching Violence Against Women: A Practical Guide for Researchers and Activists’
(2005) (n 14).
The most important actors in any child’s life are often, and should most often be, his or her

parents. As such, the family can be the single most important factor in determining whether or

not a child is protected. On the other hand, given the centrality of the family in the child’s life, it

can also be a frequent source of violence, abuse, discrimination and exploitation. 188 Children who

have witnessed their mothers being subjected to one form of violence or another, tend to follow

suit because they feel that is the best way to deal with their wives too. They could on the other

hand, avoid women due to the fear of repeating what their fathers did. Also, children fail to

receive adequate care and attention from battered women who are too busy nursing their wounds

or trying to find a way out of their predicament. This is especially when injuries inflicted on

them by their husbands leads to their death. In a study conducted on 308 women in Igbo land, the

results revealed that pregnant women were no less vulnerable to battery than other women, as

more than half of the respondents (58.9%) were beaten during pregnancy. This occurred more in

the rural than urban areas (65.8% vs. 52.9%).189 Domestic violence in pregnancy is of particular

concern because of the implications for safe motherhood and child health. In a study conducted

in a referral centre in southern Nigeria, in which 502 women participated, 220 (43.8%) women

reported experiencing violence before, during, and after pregnancy. A total of 142 (28.3%)

women reported experiencing violence only during pregnancy, whereas 4 (0.8%) experienced

violence only after childbirth.190

4.4 Factors Responsible for Domestic Violence

4.4.1 Violence in Family of Origin

188
D O’Donnell, D Seymour, ‘Child Protection; a Handbook for Parliamentarians’ (2004) < accessed 8 October
2023.
189
Ndugasa, ‘and others’ ‘Prevalence, Patterns and Correlates of Domestic Violence in Selected Igbo
Communities of Imo State, Nigeria’ (n 35) 101.
190
B Olagbuji, ‘and others’ ‘Trends and Determinants of Pregnancy-related Domestic Violence in a Referral Center
in Southern Nigeria’ (2010) 108 International Journal of Gynecology and Obstetrics 101.
Most times, men unconsciously follow in the footsteps of their fathers. Men who come from

abusive homes and who have watched their mothers being mercilessly beaten by their fathers

have the tendency to do the same to their partners, while still in a relationship, and thereafter to

their wives, after they are married. Ladies who have witnessed their domestic help being beaten

by their mothers have a tendency to do the same to their domestic help later in life.

4.4.2 Lack of Education

The level of education a man has achieved affects his thinking and therefore his reaction

whenever he is provoked. Some uneducated men usually have an attitude of inferiority complex

and when they are wronged by their wives, their perception is that their honour has been put to

the test so, inadvertently, they resort to beating their wives to prove that they are still men and

the head of the home. In a study carried out by Christian Ndugasa Okemgbo 191 on domestic

violence in some selected communities in Igbo land, it was discovered that the less educated men

had more tendency to beat their wives. Education influences a person to respect the rights of

women and to know the likely health consequences of wife battery. Thus, highly educated men

with secondary or tertiary training are more likely to refrain from wife beating than those not

having any education at all or with just primary school training.

4.4.3 Culture

Culture can be defined as the traditions and way of life that are encompassed by a number of

people living in a particular community. The culture of a particular society affects their way of

life to a large extent and this affects also, the manner in which women are treated and accorded

respect in the family and community. Many customs in Nigeria believe that women are the lesser

191
O C Ndugasa, ‘and others’ ‘Prevalence, Patterns and Correlates of Domestic Violence in Selected Igbo
Communities of Imo State, Nigeria’ (2002) 6(2) African Journal of Reproductive Health 101.
beings probably because of their feminine nature, soft attitude and lesser physical strength and

assume that men should be reverenced by women at all times.

Customary practices across Nigeria generally hold that the man is the head of the house and has

the greatest control and decision-making powers. Due to this fact, the woman is regarded as the

property of the man and he is therefore entitled to discipline her as he sees fit. The notion of

subjugation of women is so entrenched that many people in Nigerian society tend to accept

violence against a woman as justified.192 In some areas, women are seen as property and this is

evident in some areas whereby women are bundled off to their husband’s houses together with

suitcases after her bride-price must have been paid. This is so unlike what happens in some

developed countries where the couple drives off together, alone. The payment of bride price

could also give an impression of women being under the authority of men. Some men feel

because they paid such a huge amount as bride price, they can treat their wives as they wish. In

other places, once the woman decides to desert her husband, her family has to return the bride

price that was paid by the husband’s family.

4.4.4 Poverty

Poverty, according to the Oxford Advanced Learners Dictionary, 193 was defined as the state of

being poor while ‘poor’ was defined as; having little money. Poverty however, does not only

include the lack of money, but also the lack of the basic amenities of life like shelter, food and

clothing. Poverty causes educational disadvantage and gender discrimination and these potent

factors could force people to engage in child marriage and domestic violence. 194 Furthermore, it

has been stated that there is a link between poverty and mental health. Many respondents felt that

192
A Akeredolu, ‘Violence Against Women: Stop the Talk; do the Work’ [presentation] Federation of International
Lawyers week, Ado Ekiti 11–17 November 2013.
193
AS Hornby, Oxford Advanced Learners Dictionary 6th ed New York: (Oxford University Press 2000).
194
UNICEF, 2011, The State of the World’s Children: Adolescence: An Age of Opportunity.
<http://www.uis.unesco.org> accessed 27 August 2023.
poverty could contribute to the development of mental health challenges, including stress,

depression and anxiety.195 All these mental health related problems are risk factors for engaging

in the act of domestic violence. The worsening economic situation in Nigeria is often an excuse

given for domestic violence. As a man becomes unable to provide for the family, the woman is

left to support the family economically. In order to compensate for their own feelings of

weakness or insecurity, many men resort to hitting the woman.196

4.4.5 Religious Orientations

Nigeria is a very religious nation and we tend to have many individuals who would amplify

excerpts in their religious books just to justify or see reasons to an act. It seems like the verse in

the Holy Bible which says ‘wives, submit yourselves unto your own husband … for the husband

is the head of the church …197 has often times been misunderstood. On the basis of this scripture,

many men have abused their wives either physically or verbally. Such men assume they should

be accorded with all respect that equals that of a servant to a master and anything outside of this

behaviour is met with a measure of their physical strength against their wives. This practice has

been evident in the earlier periods and is still prevalent in some communities.

4.4.6 Weaker Sex

Generally, human beings have the tendency to commit violence against people who are weaker

than them. That accounts for the reason why some women abuse their domestic help and treat

them in a manner which is detrimental to their wellbeing and health. 198 This occurs mostly

because such domestic servants are not directly under the watchful eyes of their parents and

195
S Kleintjes ‘and others’ ‘A Situational Analysis of Child and Adolescent Mental Health Services in Ghana,
Uganda, South Africa and Zambia’ (2010) 13 African Journal of Psychiatry 132.
196
Eze-Anaba Itoro, ‘Domestic violence and Legal Reforms in Nigeria: Prospects and Challenges’ (2007)
14(21) Cardozo Journal of Law & Gender, 21.
197
Ephesians Chapter 5 Verses 22–23.
198
A Akeredolu, [presentation] Federation of International Lawyers Week, Ado Ekiti 11–17 November 2013.
those women act as guardians for those children for a period of time depending on how long they

will stay with them. A 13 year old girl, a housemaid was scalded with hot water in Calabar when

the brother-in law of her employer poured hot water on her after accusing her of splashing water

on him. She was left to wallow in pain for two days until neighbors took her to the hospital for

medical attention.199 Some men seem to take out their frustrations on anyone who is willing to

take it, hence domestic violence.

4.4.7 Behavioral Risk Factors

In trying to recognize assaultive men, numerous risk factors have been identified including use

of alcohol, violence toward children, anger, stress, depression and low self-

esteem.200 Specifically, researchers have linked men’s symptoms of depression, posttraumatic

stress disorder (ptsd), borderline personality disorder, and substance abuse to the perpetration of

violence against their wives and partners. Alcohol abuse, and to a lesser extent drug use, have

been associated with the perpetration of marital violence in a number of studies. These studies

indicate that men with diagnosable alcohol problems are at substantially increased risk of spouse

abuse.201 Men who perpetrate violence against their wives and partners appear to be more

generally aggressive, angry and hostile than those who do not. Thus they are generally

aggressive, not only to their spouse, but to most people around them. Also, an incident of spouse

abuse hardly occurs in isolation as there is a high chance of prior use of violence within the

relationship. Domestically violent men are more likely than nonviolent men to be able to identify

199
Affe Mudiaga, “Man pours Hot Water on 13 year old girl Housemaid” The punch (Nigeria, 1 April 2013).
200
Eve Buzawa, Gerald Hotaling, Andrew Klein, ‘The Response to Domestic Violence in a Model Court: Some
Initial Findings and Implications’ (1998) 16 Behavioural Sciences and the Law 185.
201
TJ O’Farrell, CM Murphy, ‘Marital Violence before and after Alcoholism Treatment’ (1995)
63(2) Journal of Consulting and Clinical Psychology 256–262.
situations in which violence toward a partner is justified or acceptable. They seem to justify their

actions on a particular thing that their wife or partner did or failed to do.202

4.5 Analysis of the Various Approaches to Tackling Domestic Violence

4.5.1 Law and Criminal Justice

All over the world, the law and criminal justice-based approach is arguably the most popular

approach. Commonly known as the criminalization approach, the approach involves the use of

law and legal mechanisms as a response to incidences of domestic violence. The law and

criminal justice based approach do not only involve one single response. It involves various legal

mechanisms situated in different aspects of the law and legal system. Using criminal law as a

response to DV is seemingly the most convenient approach in responding to DV under most

legal systems.203 In this regard, harmful or injurious conduct by one spouse over the other, which

is considered criminal, is followed with the appropriate penal sanction based on the criminal

justice system.204 Therefore, all incidences of DV should be followed with sanction/punishment

since criminal law is that aspect of law which has to do with punishment. 205 Beyond this

simplistic way of viewing criminal law, some emphasis must be placed on criminal law itself as

that aspect of law which defines a criminal conduct, outlines the ingredients and provides for the

punishment or penalty for such a conduct.206

Generally, criminalisation is an act or a process by which an activity is made a criminal offence

by declaring it illegal and attaching a sanction. 207 With regards to DV, criminalisation is the
202
Avid S. Riggs, Marie B. Caulfield, Amy E. Street, ‘Risk for Domestic Violence: Factors Associated with
Perpetration and Victimization’ (n 4) 1289.
203
Buzawa E, Buzawa C and Stark E, Responding to domestic violence: The integration of criminal justice and
human services, 5th ed, Sage Publications, 2017, 25.
204
Fraser J, ‘Making domestic violence a crime: Situating the criminal justice response in Canada’ in Buzawa E,
Buzawa C and Stark E, (eds), Global responses to domestic violence, Springer International Publishing AG,
Switzerland, 2017,
205
Okonkwo CO, Criminal law in Nigeria, Spectrum Books, Ibadan, 2002, 28
206
Chukkol KS, The laws of crime in Nigeria, Ahmadu Bello University Press, Zaria, 1988, 101.
207
Goodmark L, Decriminalizing domestic violence: A balanced policy approach to intimate partner violence,
University of California Press, California, 2018, 26.
incorporation of acts generally known to constitute DV between intimate partners’ in particular

criminal legislations.208 Criminalisation in relation to DV entails two things: first, a legislation

which sanctions an act of domestic violence and second, legal proceedings or more specifically a

prosecution based on such legislation on DV. The first requirement places the responsibility of

enacting a statute on DV on the legislature alone. Indeed, this is in line with the constitutional

requirement that an act can only be an offence if it has been so recognized in a written law

enacted by the legislature and the punishment for such act is also stipulated in the legislation. 209

From the foregoing, acts which constitute domestic violence can fall under two aspects of

criminal law- the general and the specific. The general aspect refers to dealing with acts of

domestic violence under the general criminal legislation, i.e., legislation that covers offences

generally, such as the Criminal code and the Penal Code, which contains offences like murder,

assault, false imprisonment, kidnapping, etc. Indeed, these DV acts must be such that amount to

offences which are created in these laws. Where the violence against the spouse takes the form of

killing, grievous bodily harm, assault, and false imprisonment, these are specific offences with

defined punishment under the Criminal and Penal codes.210 In Nigeria, domestic violence,

especially the physical type, could become offences such as murder or culpable homicide

(punished by death);211 manslaughter or culpable homicide (liable to imprisonment for life); 212

assault or grievous harm;213 rape or sexual assaults;214 abduction and false imprisonment.215 Most

prosecutions for physical violence by a spouse over the other are therefore conducted under the

208
Payne D and Wermeling L ‘Domestic violence and the female victim: The real reason women stay!’ 3 Journal of
Multicultural, Gender & Minority Studies, 2009, 1.
209
CFRN 1991 (As amended) s 36(12)
210
Chapter C38, Laws of the Federation of Nigeria, 2004 and CAP 89 of the Laws of Northern Nigeria, 1963
respectively.
211
CCA 2004 S. 316 & 319 (1); PCA 2004 S 220 and 221..
212
Section 317 & 325, Criminal Code (Nigeria) and Section 222, Penal Code (Nigeria).
213
PCA 2004 S 264 and 265,
214
CCA 2004 S 357; PCA 2004 S 282. See also CCA 2004 S 360, which provides that ‘any person who unlawfully
and indecently assaults a woman or girl is guilty of a misdemeanour and is liable to imprisonment for two years.’
215
PCA 2004 S 272.
provisions in the Criminal or Penal Code of the Criminal Laws and Procedure of states in the

Federation.

From the above, domestic violence, which involve acts that constitute a crime by a spouse

caused by the other spouse, is usually treated under the general criminal law provision of the

state. Regardless, applying the Criminal and Penal Codes for domestic violence has been

generally criticised. Enemo, for instance, contends that although they provide punishment for

assaults, they “still have discriminatory provisions, thereby giving the accused the window to

escape punishment.”216 Eze-Anaba has a similar view that these laws encourage domestic

violence rather than protect women.217

With time, specific domestic violence legislation began to evolve. These legislations exclusively

recognize domestic violence as an independent offence and stipulate punishment for it. This is in

fulfilment of the constitutional requirement that an act can only be punishable as an offence if it

is contained in a written law enacted by the legislation and the punishment for such act is so

stipulated.218 In Nigeria, the federal and state governments have the powers to enact criminal

legislation. With regard to domestic violence, after a very long and tortuous journey, the

Violence against Persons (Prohibition) (VAPP) Act 219 came into force in 2015 at the federal level

to criminalize domestic violence.

The VAPP Act has quite innovative provisions. Although applicable only in Abuja, it is arguable

that the VAPP Act’s provisions are similar to what is obtainable in states with one. 220 The

limitation of applicability of the Act to only the Federal Capital Territory (FCT) and federal
216
See Enemo P, 'Effectiveness of Nigeria's international obligations in curbing domestic violence' 9 Nnamdi
Azikiwe University Journal International Law & Jurisprudence, 2018, 4.
217
Eze-Anaba I, ‘Domestic violence and legal reforms in Nigeria: Prospects and challenges’ 14 Cardozo Journal of
Law and Gender, 2007, 37.
218
CFRN 1999 (As amended) S 36(12).
219
Violence Against Persons (Prohibition) Act (Nigeria) enacted by the National Assembly of the Federal Republic
of Nigeria
220
National Agency for the Prohibition of Trafficking in Persons, Violence Against Persons (Prohibition) Act
(Nigeria): Annual Report, 2021.
institutions has provoked criticism, especially since the applicability of the doctrine covering the

field remains doubtful in this respect.221 The VAPP Act covers almost all the prevalent forms of

violence in Nigeria, including physical, psychological, sexual, and even harmful traditional

practices. Provisions were also made for all the common offences which constitute domestic

violence regardless of the provisions under the Criminal and Penal Codes. The Act criminalizes

rape, spousal battery, forceful ejections from home, wilfully placing a person in fear of physical

injury, forced financial dependence or economic abuse, harmful widow practices, female

circumcision or genital mutilation among others. Most creatively in terms of establishing

offences is the provision for “harmful substance attack” such as acid baths as part of domestic

violence. This is indeed innovative considering the increase in such practice which may be

difficult to bring under any particular offence under the hitherto criminal legislation.

The provision on spousal battery effectively contradicts the Penal Code, which tacitly allows

wife beating. As provided in the VAPP Act, a person who batters his/her spouse is liable to

imprisonment for more than 3 years or to a fine of less than N200,000. As a matter of fact, such

conflicts are creatively anticipated and taken care of. According to section 45(2), where there is a

conflict between any provision of the Act and any other provision on similar offences in the

Criminal and Penal Code, the provisions of the Act supersede. However, ongoing proceedings or

offences committed before the commencement of the Act remain under the regime of the codes.

This effectively upholds the superiority of the Act and recognizes it as providing a more updated

sanction for acts of domestic violence. The National Agency for the Prohibition of Trafficking in

Persons (NAPTIP) is the public agency responsible for administering the provisions of the Act.

The administration is however to be carried out in collaboration with relevant stakeholders and

faith-based organizations. The availability of a specific institutional mechanism for the

221
C. Onyemelukwe 'Legislating on violence against women: A critical analysis of Nigeria's recent Violence against
Persons (Prohibition) Act, 2015' 5 DePaul J Women Gender & Law, 2015, 45.
enforcement of the law is indeed laudable. This approach contrasts with a situation where

countries establish special criminal courts and confer special jurisdiction over domestic violence

matters such as Sierra Leone.

Despite the promises of the VAPP Act, it has some weaknesses. The often discussed is that fact

that it does not include marital rape as a specific offence. This is not surprising considering the

controversies concerning the recognition of marital rape as an offence. Similarly, scholars are not

really impressed with the enforcement regime of the Act which they see as inadequate.

Criminalisation is generally almost the most convenient response to domestic violence,

especially in cases that are extreme in nature involving cases such as murder, grievous assault,

and acid baths. It is for this reason that many authors support it. After all, the victim knows she

(or, on occasion, he) has been attacked, the crime if reported to the police is relatively

straightforward, and no detective work is needed to determine the suspect. Additionally,

criminalisation has helped in no small way to provide a concerted and organized means of

combating domestic violence in a coordinated manner by successive governments.

4.5.2 Partial Decriminalization Approach

Many arguments have been proffered on the essence and value of decriminalizing domestic

violence in contemporary society. The leading voice in this discourse is Leigh Goodmark. In her

view, the decriminalization debate can be better appreciated from two perspectives. First, based

on the challenges of criminalisation generally and second, challenges of criminalization of

domestic violence specifically. Criminalisation has been said to do more harm to women who are

supposed to be the beneficiaries of the approach. There are incidences of further abuse even after

the perpetrators serve their sentences. Similarly, criminalisation leads to increased state

intervention in the private life of the couples. On the whole, the impact of criminalization on

matrimonial relationships still remains obscure particularly in sustaining the marriage. For the
purpose of this paper, two common decriminalized approaches will be explained. They are the

socio-economic protection and empowerment initiatives and the use of alternative dispute

resolution and restorative justice mechanisms.

4.5.3 Socio-Economic Protection and Empowerment Initiatives.

The socio-economic protection and empowerment initiative is a victim oriented approach

towards resolving disputes arising from domestic violence. Unlike the criminalization approach,

this approach bothers less about the perpetrator and focuses largely on empowering the victim.

Indeed, victims of DV will sometimes suffer severe physical and economic damage that other

interventions appear necessary. The psychological impact of domestic violence also necessitates

certain socio-economic interventions not only for the victim but also for her children. It is

therefore in this regard that a lot of socioeconomic initiatives have emerged for the purpose of

helping victims of DV.

Generally, the socio-economic approach anticipates all the measures or programmes put in place

by the government or private individuals to cushion the effect of the DV. It involves empowering

a certain class of people toward the realization of their socio-economic rights. It is arguable that

the socioeconomic approach generally targets disadvantaged or weaker people in a particular

community for the protection of their dignity, freedom and wellbeing. According to Ahmed and

Bulmer, this involves “guaranteeing state supported entitlements to education, public health care,

housing, a living wage, decent working conditions and other social goods.”

Overtime, governments across the world have intervened to ease the pains and sufferings of

victims of domestic violence. Some of these intervention programmes include provision of

government aid and empowerment, and shelter for battered women. For instance, the Lagos State

Domestic and Sexual Violence Agency (DSVA) an organization under the Lagos State

Government is established to “provide sensitive services to victims of domestic and sexual

violence while promoting healthy relationships”. This organization has intervened to help protect

the physical health and mental wellbeing of thousands of victims. Similarly, there is also another

government-run shelter in Lagos state. This shelter is run with the assistance of the Minister of

Women Affairs and they provide several services to abused women among which are counsel

services. It is based on this philosophy that scholars such as Lee Ross argue for a “public health

model” which is aimed at reducing risks or threats to health caused by domestic violence as a

viable alternative to criminalisation.

It is usually said of this approach that it is complementary to law and criminal justice-based

approaches considering that in most cases, the wheels of the criminal justice system must have

been activated against the perpetrator. The victim of DV will therefore be in dire need of this

support because the perpetrator may have been arrested, detained or imprisoned. This is natural

considering that economic equilibrium is always tilted in favour of the man especially in marital

relationships. His incarceration or imprisonment will certainly create a vacuum which must be

filled to assist the victim and possibly the children from such marriage.

In most African countries, governments have not really done so much in putting in place socio-

economic measures aimed at assisting victims of DV. It is noticeable that private organisations

and NGOs have largely taken over this role. For instance, there are a lot of organisations working

to provide support for women who are victims of domestic violence in Africa. Some of them

with a continental-wide agenda include the Women at Risk International Foundation (WARIF),

Coalition on Violence against Women (COVAW), International Network to End Violence

against Women and Girls. In Nigeria specifically, these NGOs have proliferated in the past few

years. The common ones include Project Alert on Violence against Women, Women for Peace

Gender Equality Initiative (formerly COWON), Women Action Organization, Women Justice

Program, Stand to End Rape Initiative (STER) Nigeria. While most of these organisations also
provide legal services, especially to victims of domestic violence, their programs also broadly

include socio-economic support for victims. The STER Initiative for example has flourishing

survivor-centred programs.

The socio-economic approach has been quite useful as a response to domestic violence.

However; it also has a number of challenges. Firstly, as mentioned, the government does not play

a significant role in these initiatives as part of its grand scheme to avoid its socio-economic

obligations to the people. This therefore makes private initiatives inevitable. The private

initiatives on the other hand are very limited. Besides, most of their work is largely concentrated

in the cities. Secondly, most of these programs need a lot of funds to be impactful and this is in

short supply. This is a huge challenge considering that the organisations are largely private

driven. The NGOs’ have also over time concentrated so much effort on providing legal support

at the expense of assisting the victim socio-economically. While this is a noble course, it

invariably takes away attention from the victim. Therefore, this approach may not be particularly

suitable for marriage sustainability where the parties are married.

4.5.4 Alternative Dispute Resolution and Restorative Justice Mechanisms

The suitability of an approach toward the resolution of DV is an issue which must be carefully

considered. This is especially true where the conflicting parties are bound by marriage. As a

matter of fact, family law is not only concerned about responding to DV but responding in a way

that will be true to the essence of the union. From this point of view, one can appreciate that the

partial decriminalization of DV does not only mean detaching (as much as possible) the conflict

and the conflicting partners from the criminal justice system but also opening up a possibility

towards resolution of such conflict in an amicable manner considering the interests at stake. It is

worth restating that this idea only finds relevance wherecrf the violence perpetrated against the
wife (or the other partner) is not that which is severe enough to amount to a crime – in which

case must be dealt with using the criminal justice mechanism.

The movement for adopting ADR and restorative justice as a response to domestic violence only

began to grow recently. Scholars have not started appreciating the importance of

contextualization in responding to domestic violence and as earlier mentioned the approach when

couples are married to be cautiously applied. This means that it is important to understand the

jurisprudence behind ADRs and restorative justice for its suitability to be better appreciated. At

two opposite ends of the spectrum are two kinds of justice- ‘alternative justice’ and ‘judicial

justice’. Understanding these two kinds of justice will help provide insight into the essence of the

application of ADR in domestic violence-induced conflict. In the end, all parties whether victims

or perpetrators seek justice but the kind of justice varies. In this regard, Dafna Lavi has carefully

distinguished “alternative” and “judicial” justice. Judicial justice is justice obtained from the

courts after litigation. Judicial justice in matrimonial conflicts has been said to be associated with

key challenges which are often overlooked. With the evolution of the ADR movement, came

alternative justice which challenges the essence and values of the hitherto legal and judicial

justice and introduces a new perspective to justice administration.

In the first place, alternative justice focuses on the interest of the parties and the underlying

reasons for the conflicts. The independent third party called upon for the resolution of the crisis

will seek to understand why the conflict exists in the first place. The parties decide how the

proceeding should be conducted and what interests are central; this is in stark contrast with

judicial justice which is strictly controlled by legal norms which were not created for particular

individuals or circumstances. Therefore, according to Lavi, “[t]he general law is not always

suitable to the special circumstances of the particular case, as expressed in the well-known

saying, ‘hard cases make bad law.’ Therefore, in interest-based negotiations which alternative
justice postulates, there is a focus on the interest of the parties not on positions. The “judicial” or

“implemented justice” largely concentrates on positions.

Another important value of alternative justice lies in the fact that it aids the autonomy of the

parties. Basically, all ADRs are non-coercive processes which parties voluntarily enter into.

Indeed, this principle is important for “the very availability of choice, granted to the parties to the

dispute, of a mechanism alternative to the court in order to resolve their dispute, expresses this

value of respect for their personal autonomy and the absence of ‘coercion from above’. This goes

to the root of an individual’s right to autonomy and self-determination which litigation deprives

them. It helps them take control of not only the process but their future through a process that

respects their personal wishes. This means the chances of a breach are significantly reduced.

The final value of alternative justice focuses on the part perception of themselves as partners and

not adversaries. Indeed, one of the incidences of “judicial justice” is that the parties always

perceive themselves as adversaries since the law; procedure and proceeding pitch them against

each other. In alternative justice however, the parties appreciate that a relationship exists and

they understand the essence of it being preserved. Because of the complexities of matrimonial

disputes and family law issues, there is now a gradual movement towards non-litigious means of

dispute resolution. This is because of the general dissatisfaction with the law and criminal justice

approach in the resolution of issues laced with domestic violence.

In DV issues and related matrimonial conflicts under family law, four major categories of ADR

mechanisms are established. The major mechanisms are arbitration, conciliation, mediation and

med-arb. Arbitration is an ADR mechanism which is quasi-judicial in nature and which involves

a neutral third party’s intervention. At the end of the process, an award is rendered by the

arbitrator and such an award is final and binding. This means that the award can be enforced in

the court like a typical court judgment. Arbitration can be of three kinds: that which originates
from the agreement between the parties, by order of court and by an Act of parliament.

Arbitration is usually contrasted with litigation as a means to highlight its strength and the

general advantages are its simplicity, flexibility, cost-effectiveness and speed. Over time,

arbitration has also been adopted as a response to domestic violence. However, there are sceptics

who believe arbitration cannot be suitable for domestic violence and family law matters.

The Nigerian legal system has a legislation regulating arbitration practice the arbitration in

Arbitration and Conciliation Act. However, the Act is only restricted to “commercial disputes”.

Obviously, family law issues and domestic violence falls outside the scope of the Act. While

ADR is not too popular as a means of dispute resolution in Nigeria, customary arbitration

appears to be well-entrenched especially in the traditional African communities.

4.6 Challenges in Implementing Domestic Violence Protections

4.6.1 Lack of Access to Justice

Access to justice presupposes that citizens are aware of their rights and have access to

institutions that can remedy violations of such rights. It includes among other things awareness

of legal rights and duties, accessibility to the justice administration mechanisms and institutions

that have the power to remedy injustice. Many women in Nigeria are not aware of their rights.

For instance, a majority of the women interviewed in Kwara State stated that they were not

aware of the laws protecting women’s rights whether in Muslim laws or in customary laws. 222 A

major reason for this lack of awareness is the high level of illiteracy among Nigerian women.

The United Nations Education and Scientific Commission (UNESCO) rated Nigeria as one of

the 145 CEDAW/C/2004/1/CRP.3/Add.2/Rev.1 37 nine countries with the highest number of

illiterate population in the world.223

222
“Women’s Access to Justice and Pesonal Security in Nigeria: A Synthesis Report” p. 15, published by Baobab
for Women’s Human Rights, a non governmental organization based in Lagos, Nigeria.
223
Nigeria NGO Report on Beijing +10, p. 11
The National Demographic and Health Survey (NDHS, 2003) stated that 46% of women in

Nigeria have never attended school.224 This is not surprising as male preference in the Nigerian

society has led to women being kept out of school. In many societies in northern Nigeria, the girl

child is usually given out in marriage at an early age while the boy child is sent to school. Many

states in the northern part of the country have passed legislation prohibiting withdrawal of girls

from school for marriage.. Generally, the girl child is denied proper education because her role is

considered primarily as one of caring for the family, which is not work worthy of formal

education. On the excuse of assisting the parents with housework and agricultural work, the girl

child is withdrawn from school which results in a higher percentage of school dropouts among

girls than boys.225 Lacking the ability to read and write, Nigerian women cannot articulate their

demands in English, the official language of the justice system in Nigeria. Women hardly

understand the elitist language of the court and often feel very uncomfortable in the court

premises. The formal legal system in Nigeria is very expensive and out of reach of majority of

Nigerians. Nigeria is rated as one of the six poorest countries in the world with a GNP per capita

income of about $280 US Dollars and a population of about 133,000,000. 226 Women, being the

majority of the poor in Africa, are unable to afford the high cost of legal services. Although the

Legal Aid Act Established by the Legal Aid Act, 1976, the scheme is aimed at helping indigent

persons within certain economic bracket 61 to have access to justice by providing them with

defence lawyers. Only persons with no income or with income below N50,000.00 are eligible.

The court can also recommend that the Legal Aid Council provide a counsel which is usually

limited to legal representation in court. obliges the state to provide legal aid services, such legal

aid services are only limited to defendants in criminal charges who are unable to afford legal

representation. A victim of domestic violence, not being a defendant in a criminal matter is not
224
Nigeria NGO Report on Beijing +10
225
“Background Paper and Domestic Violence Bill”, published by Legal Defence and Assistance Project,
226
World Bank Report 2003, also NGO Report on Beijing +10
entitled to government funded legal aid services. The offences in respect of which legal aid is

available are murder of any degree (PC: culpable homicide punishable with death), manslaughter

(PC: Culpable homicide not punishable with death), malicious or willful wounding (Grievous

hurt inflicting grievous bodily harm), assault occasioning actual bodily harm (PC: criminal force

occasioning actual bodily hurt), affray, stealing and rape. Others are aiding and abetting, or

counseling or procuring the commission of, or being an accessory before or after the fact to, or

attempting or conspiring to commit, any of the aforementioned offences. Legal aid is also

available In respect of civil claims arising from accidents and civil claims in respect of human

rights. In all cases, it is limited to the defendant/respondent. The offences in respect of which

legal aid is available are murder of any degree (PC: culpable homicide punishable with death),

manslaughter (PC: Culpable homicide not punishable with death), malicious or willful wounding

(Grievous hurt inflicting grievous bodily harm), assault occasioning actual bodily harm (PC:

criminal force occasioning actual bodily hurt), affray, stealing and rape. Others are aiding and

abetting, or counseling or procuring the commission of, or being an accessory before or after the

fact to, or attempting or conspiring to commit, any of the aforementioned offences. Legal aid is

also available In respect of civil claims arising from accidents and civil claims in respect of

human rights. In all cases, it is limited to the defendant/respondent .227 Moreover, the gross under

funding of Legal Aid Commission in Nigeria renders legal aid services out of reach of many

indigent Nigerians.228 Even where they might be able to afford legal services, these courts are

situated in urban areas with very few court houses in the rural areas. The undue delay of cases in

courts also constitutes obstacles to women’s access to justice. In many instances, civil and

criminal matters last for upward of 7-10 years before judgment is rendered and the woman gets

227
Yemi Akinseye-George, “The Dilemma of Legal Aid in the Protection of Human Rights” in Journal of Human
Rights Law and Practice (Dec. 1993) Vol.3 Nos. 1,2 & 3.p. 47.
228
Discussion paper presented by the Legal Resources Consortium on Transforming the provision of Legal Aid
services in Nigeria. ( Abuja: The British Council, April 2000) p.4
tired and frustrated and stops going to the court. In many cases, the matter is usually

discontinued by the court and the defendant set free for lack of diligent prosecution.

4.6.2 Law Enforcement

The Nigerian Police, the first point of contact with the formal justice sector for victims of

domestic violence, often trivialize incidents of domestic violence and do not file reports of

complaints made. In some cases, they are reluctant to investigate and prosecute the matter. An

example is the case of one Ego Osadebe,229 the first publicized case of acid bath in Nigeria. Ego

died in the hospital on 23 November 1998, three weeks after her husband poured acid on her.

The delay in prosecuting her husband (allegedly kept in protective custody rather than in

detention) caused a protest by concerned women and women organizations to the Criminal

Investigation Department of the Police in Lagos state. 230 The Lagos State Anti-Robbery Squad

disrupted the demonstrations, asking why women should protest over the death of a woman who

wanted to run away with her husband’s wealth. 231 Due to the high level of corruption and

inefficiency of the Nigerian police, the average Nigerian has no faith in the integrity and

competence of the police. Wealthy perpetrators and those who have relatives and friends in the

police force are believed to influence the decisions of the police whether to prosecute and at

times who to prosecute.232 In a particular case reported by Amnesty International 233 a domestic

worker was allegedly raped by her employer’s husband. Her father took items of material

evidence including her underwear to the local police station. He was told that the alleged

perpetrator had already lodged a complaint of slander against the girl for accusing him of rape. A

medical examination four days after the event showed evidence of penetration and bruising on

229
“Women’s Access to Justice and Personal Security in Nigeria: A Synthesis Report” p. 16, published by Baobab
for Women’s Human Rights, a non governmental organization based in Lagos, Nigeria
230
Women’s Access to Justice and Personal Security in Nigeria: A Synthesis Report” p. 15, published by Baobab
for Women’s Human Rights, a non governmental organization based in Lagos, Nigeria
231
“Violence Watch”, Volume 1, a newsletter of Project Alert on Violence Against Women
232
“Nigeria: Unheard Voices – Violence against women in the family” p. 13
233
“Nigeria: Unheard Voices – Violence against women in the family” p. 13
her private parts and concluded she had been sexually assaulted. However, it was the domestic

worker who was subsequently brought before the magistrate court and charged with slander. She

was remanded in prison custody for seven days until her family could pay the bail. During her

imprisonment, she had no access to medical attention and her father was informed that the

evidence he handed over to the police had since disappeared. Lawyers with the women’s human

rights organizations that took up the case believed strongly that the alleged perpetrator had used

his social and political influence in his community to exert pressure on investigating officials. 234

In a survey conducted by Project Alert235 in 2001, law enforcement officials confirmed that many

of them had negative and discriminatory attitude towards victims of family violence. When

asked of their responses in cases of family violence, 51.9 percent thought they were doing

enough to help victims of violence in the family; 46.8 percent thought they did not do enough;

63.3 percent said the police did not respond enough in such cases; 41.8 percent said the lack of

speedy or appropriate response was because such cases were of a private matter. 236 With all the

problems associated with the formal justice sector, women in Nigeria, especially victims of

domestic violence, resort to the informal justice system in seeking redress for violations of their

rights. Such informal justice system usually operates within the community including the

extended family, the village head, and the community head. At each level of this informal sector,

the woman is usually cautioned and at times castigated for making a domestic issue public.

Moreover, this informal justice sector applies the discriminatory cultural practices that enforce

and condone the subjugation of women and further ensure the silence of the victims.

4.6.3 Tripartite Legal Systems

234
Interview with lawyers at Women Advocates Research and Documentation Center (WARD C), Lagos,
published in “Nigeria: Unheard Voices – Violence against women in the family” p. 14
235
A non governmental organization based in Lagos, Nigeria
236
2 In an interview with Mr. Ighodalo, Public Relations Officer, Lagos State Police Command, reported in
“Nigeria: Unheard Voices – Violence against women in the family” p. 12, the police spokesman said they did not
take violence in the family seriously, “unless it is a case of the rape of a child or the husband kills his wife.
The Nigerian legal system is made up of three different systems of law, the statutory law,

religious laws and customary laws. Statutory laws include the Constitution, laws made by the

government as well as government policies. There are different types of religious groups in

Nigeria with different laws for their members. However, the common ones are Christianity,

Muslim/Islamic and traditional religious laws. Customary laws include laws of diverse people of

Nigeria which govern personal matters like marriage, children, inheritance and other things.

These three types of law are enforced by three types of courts namely the formal courts,

customary courts in Southern Nigeria and sharia courts in Northern Nigeria. 237 In principle,

statutory law takes precedence over all other laws. In practice though, things are different. In the

Northern part of the country, the predominant religion is Islam. Prior to 1999, Muslim laws

governed only personal matters but have since been expanded to include criminal matters. 238 In

personal matters like marriage, Muslims are free to choose between statutory marriage and

marriage under Muslim laws.239 However, couples very rarely choose statutory laws, preferring

instead the Muslim laws. In other parts of the country, especially in the South which is

predominantly Christian, it is common practice to marry both under the statutory laws and under

customary laws. Even though it is often argued that statutory laws govern such relationships

having precedence over customary law, it is usually customary laws that govern the personal

matters of the couple.240 Therefore, where there is a dispute, it is not uncommon that both parties

resort to customary laws and practices. For majority of women in Nigeria 241, Muslim laws and

customary practices/laws govern their personal lives rather than statutory laws. These two
237
Women’s Access to Justice and Personal Security in Nigeria: A Synthesis Report” p. 2, published by Baobab for
Women’s Human Rights, a non governmental organization based in Lagos, Nigeria
238
Prior to October 1999, only the sharia civil or personal law was applicable in the predominantly Muslim states
of northern Nigeria but the government of Zamfara state promulgated the Sharia Penal Code to introduce
criminal sharia law in the state. Since then, other states have followed suit and we now have sharia criminal law
in almost all the northern states in Nigeria.
239
Women’s Access to Justice and Personal Security in Nigeria: A Synthesis Report” p. 2,
240
Women’s Access to Justice and Personal Security in Nigeria: A Synthesis Report” p. 2,
241
Stefanie Rathje, 'The Definition of Culture: An Application_oriented_Overhaul' [2009] (8), 35, 36. accessed 22
October 2023.
systems of law are male dominated and have male focused interpretation. Statutory laws are not

necessarily more protective of women. The judicial system is male dominated and reflect the

prejudices and stereotypes of the wider society, especially with regard to rules of procedure

already discussed in this article.

4.7 Socio-Legal Challenge of Domestic Violence

A huge social challenge of domestic violence is the role that culture has played and is still

playing in it. A primary element of the society is culture. It involves behaviors, perspectives and

values; reactions to and interpretations of situations that are common among a certain people.

While culture is a good thing which attaches a certain kind of identity to people, like other

seemingly good things, it can also adversely affect people. Culture has been said to be

characterized by an expectation of uniformity, which, it has been found, is not always the, as the

concept of cultural uniformity has already been persuasively criticized within various scientific

disciplines. Regardless, no doubt, custom has been of great influence to people's behavioural

make-up.

Culture and social norms are rules or expectations of behaviour within a specific cultural or

social group. They offer social standards of appropriate and inappropriate behaviour, governing

what is acceptable and what is not acceptable and coordinating interactions with others. They

persist in society because of individuals' preference to conform, given the expectation that others

will also conform, and these norms are maintained by internal and external pressures. 242 Culture

and social norms are highly influential in shaping individual behaviour, including the use of

violence. Norms can protect against violence, but it can also support the use of violence like the

cultural acceptance of violence either as a normal method of resolving conflict or as a usual part

of rearing a child.
242
World Health Organization, Violence Prevention Evidence, Changing Cultural and Social Norms that Support
Violence' (World Health Organization 2009); 4 accessed 22 July 2019.
Cultural and social norms have been seen to, in one way or another, support different types of

violence, including child maltreatment: where female children are valued less in society than

males; children have a low status in society and within the family; physical punishment is an

acceptable or normal part of rearing a child; communities adhere to harmful cultural practices

such as genital mutilation. Violence supported by culture also includes intimate partner violence

and sexual violence, where: a man has the right to assert power over a woman and is socially

superior; a man has the right to 'correct' or discipline female behaviour (as is legalized in section

55 of the Nigeria Penal Code); a woman's freedom should be restricted; physical violence is an

acceptable way to resolve conflicts within a relationship; a woman is responsible for making a

marriage work; intimate partner violence is a taboo subject and reporting abuse is disrespectful;

divorce is shameful; dowry becomes synonymous with ownership of a wife; the honour of a man

is linked to his wife's sexual behaviour (deviation from sexual norms disgraces the entire family

and can lead to honour killing); where sex is a man's right in marriage; girls are responsible for

controlling a man's sexual urges; sexual activity is a marker of masculinity, sex and sexuality are

taboo subjects; and sexual violence is shameful to the victim.

Gender roles is a part of culture. It is a set of societal norms dictating the types of behaviour

which are generally considered acceptable, appropriate, or desirable for people based on their

actual or perceived sex or sexuality.243 What seemed to be a sort of societal division of labour

between the genders might not be good for the society after all.

There may be various factors in a society that influence whether violence is encouraged or

discouraged. These include economic and social policies that maintain socioeconomic

inequalities between people; social and cultural norms that promote male dominance over

243
JSTOR, 'Gender Roles'< https://www.jstor.org/topic/gender-roles/> accessed 22 October 2023.
experienced in various African sub-cultures and also cultural norms that endorse violence as a

normal method to resolve conflicts. Culture and practices die hard.244

It is thus not surprising that there is a refusal of many domestic violence victims to seek legal

intervention. This is a social challenge of domestic violence, having a direct link to the impact of

culture and it serves to impede the elimination of domestic violence. There is fear that such

complaint will not be taken seriously; will mean a divorce, fine or imprisonment or would ruin

the reputation and cause discomfort to the entire household. Some women remain in abusive

relationships because they want the abuse to end, but not the relationship; some stay because of

the difficulty in finding an alternative accommodation; fear of shame and embarrassment brought

to the family; fear of social stigma brought to the family; sympathy or need for their spouses,

children and social support system; feelings of guilt for being responsible for the violence, where

they employ self-blame instead of blaming their batterers, leading to low self, depression and

feelings of helplessness, which in turn trap them in the abusive relationships.245

Domestic violence causes further challenges that serve to perpetuate its reign in the society. A

notable one of them is the impact of domestic violence on its victims, especially children.

Vicious cycles are hard to break, which is what makes them so vicious. Children who live in

homes where domestic violence prevails, grow up in an environment that is unpredictable, filled

with tension and dominated by fear. This can lead to significant emotional and psychological

trauma, similar to that experienced by children who are victims of Child Abuse. Domestic

violence has been found to impact children and young people negatively by causing reactions

like aggression, low self-esteem, violent outbursts, pessimism, which are clear characteristics of

a perpetrator of violence. Sometimes, they allow themselves to experience violence in their own
244
M. O. Bakare, M. D. Asuquo, A. O. Agomoh, 'Domestic Violence and Nigeria Women - A Review of the
Resent State [2010] (8) (2) Nigerian Journal of Psychiatry, 9, 11.
245
Tom G. Onidicho, 'Battered Women: A Socio-legal perspective of their Experience in Nairobi' African Study
Monograph [2000] (21)(1), 39,40.
dating relationships, being all too familiar with, and perhaps unconsciously accepting it. Children

who witness violence between parents may be at greater risk of being violent in their future

relationships. This does nothing to help the situation of domestic violence in relation to curbing it

or bringing it to the barest minimum.

The effectiveness of the law has undoubtedly been affected by the social challenges of domestic

violence. For instance, the refusal to seek legal intervention in the first place is a major bump in

the road to the elimination of domestic violence. Legal provisions are defeated by ingrained and

deep rooted cultural challenges that cause vicious cycles of violence. The law, it seems, in the

light of these social challenges only serves as a dormant solution to constantly occurring problem

which does not seem to be reducing in gravity in the face of these laws. The intensity of these

social challenges seem to stand firm against the preventive capacity of the law.

The provision of section 55 of the Penal Code is one worthy of consideration in the examination

of legal challenges of domestic violence. This provision has been greatly criticized by scholars as

one encouraging, rather than curbing the crime of domestic violence, thereby, making the law

counter-effective. The provision was described as a discriminatory law in force and summed up

as the legalization of assault by a man on a woman, where they are married; if native law and

custom recognizes such correction as lawful and if there is no grievous hurt (an exposition of the

contribution of customs in the perpetuation of domestic violence). This provision is as against

section 42(1) of the Constitution of the Federal Republic of Nigeria which provides that a citizen

of Nigeria of a particular community, ethnic group, place of origin, sex, religion, or political

opinion, shall not, by reason only that he is such a person, be subjected either expressly by, or in

the practical application of any law in force in Nigeria or any executive or administrative action

of the government, to disabilities or restrictions to which citizens of Nigeria or other

communities, ethnic groups, place of origin, sex, religions or political opinion are not made

subject.

Religious practices have also greatly influenced the perception of women in the society, Most

Christian practices prohibit women from exercising fully, their rights to freedom of expression.

Women are to remain silent in church and to be in total submission to their husbands; a practice

that many people justify with the provision of 1st Corinthians 14:34. There is also the religious

practice of discrimination where in some denominations, women cannot be ordained as a priests,

popes, bishops or pastors. A woman is also not at liberty to have control over her body with

regard to marriage.246

In Islamic religion, women are liable to be tortured. It is the religion for the men to have

authority over the women.247 Here, women do not have the complete right over her body and

therefore, cannot refuse or decline sexual overtures from her husband. Women are also

prohibited from associating with the male counterparts. She is not permitted to stay outside her

home for long periods as she is owned by her husband.

The success of every law is in its effectiveness; its effectiveness is in its enforcement; and its

enforcement is dependent on the correlation of the victims; the enforcement agencies and the

judicial system. Where any one of these actors lag in their roles towards curbing domestic

violence, it raises an issue. Where the problem is the enforcement agencies and the judicial

system, it is a legal issue. The law enforcement agencies must be trained to treat domestic

violence as offences against the state and not as private or matrimonial matters to be settled

within the home.248 Domestic violence is still viewed by many as a private family matter, and the

246
llem Jahnomso, 'Impact of Traditional and Religious Practices on the Rights of Women in Nigeria' [2018](5)
Rivers State University Journal of Public Law, 324,325,327.
247
Quran, Chapter 4:34.
248
The Lawyers Chronicle, 'Are There Sufficient Laws Protecting Women from Domestic Violence in Nigeria?'
www.thelawyerschronicles.com/are-there-sufficient-laws-protecting-women-from-domestic-violence-in-
Nigeria/accessed 22 October 2023.
response of the administrative and criminal justice system reflects this view. In Vietnam, the

common police approach is to mediate and defuse what they term to be 'family disputes' and they

avoid making arrests or detentions, except in most serious cases. Procurators see only the most

serious domestic violence cases, and are often reluctant to pursue domestic violence cases

because of the difficulties presented by these cases and the belief that they will have little success

with the prosecution. Research and also shown that the judicial system has a critical role to play

in the stopping of domestic violence, and several studies have indicated that arrest acts as

deterrents to domestic violence. The effective intervention by law enforcement and the justice

sector professionals requires special techniques designed to protect the victim from retaliation by

the abuser and it, as a result, allays the victim's fear of the criminal justice system, strengthening

their faith in it and encouraging cooperation with the police, the prosecution and the courts. On

the other hand, traditional approaches by the law enforcement bodies and the judicial system,

leave the victim and the public unprotected form the devastating consequences of domestic

violence.249

There is also the legal issue of not domesticating good international laws that have been ratified

by the country. For instance, the Convention for the Elimination of Discrimination Against

Women which was ratified in 1985 by Nigeria. International treaties can only go into effect when

the legislature has enacted a corresponding domestic law, thereby limiting the international

treaties to disuse.

In Nigeria, customary law provides no remedy for domestic violence. In cases of domestic

violence the wife may return to her parents' home where the violence becomes intolerable or,

where the victim is the husband, he may send his wife away.

249
United Nations Office on Drugs and Crime, Training for Law Enforcement and Justice Sectors on Dealing with
cases of Domestic Violence (2nd end, Hanoi 2012), 17.
Another socio-legal challenge of domestic violence is the fact that there is a prevalence of

ignorance and poor level of awareness of laws protecting the rights of these victims of domestic

violence. For example, in discussing the challenges in the enforcement of the VAPP Act, it was

stated that a great impediment to its enforcement would be the lack of awareness as to its

existence in the first place. Most men and women at the community level do not have full

knowledge of the laws and the punishments meted out in them.250

4.8 Analysis of Domestic Violence Cases in Nigerian Courts and Judicial Responses

The judicial response to domestic violence in Nigeria has also been criticized. Some judges have

been accused of being insensitive to the victims of domestic violence and of giving light

sentences to abusers. In recent years, however, there have been some positive developments in

the judicial response to domestic violence in Nigeria.

Domestic violence is a serious problem in Nigeria, affecting millions of women and children

each year. According to a 2018 survey by the National Bureau of Statistics, one in three women

in Nigeria has experienced physical or sexual violence from an intimate partner. While domestic

violence is a crime in Nigeria, many cases go unreported and unpunished. This is due to a

number of factors, including social stigma, lack of awareness of the law, and fear of retaliation

from the abuser.

In recent years, there has been a growing awareness of the problem of domestic violence in

Nigeria, and the courts have begun to take a more proactive approach to addressing it. However,

there are still many challenges to ensuring that victims of domestic violence have access to

justice.

250
Okonkwo-Ogabu Lilian, Ifeanacho Martins, 'Enforcement of the Violence Against Persons Prohibition (VAAP)
Act 2015 in Fighting Domestic Violence Against Women In Rivers State: Challenges and Remedies' [2018] (6)
(11) International Journal of Scientific Research and Manager, 350.
One of the main challenges is the lack of understanding of domestic violence among many

judicial officers. In some cases, judges have dismissed domestic violence cases as "private

matters" or have blamed the victims for the abuse.

Another challenge is the lack of specialized training for judicial officers on domestic violence

cases. This can lead to judges making decisions that are not in the best interests of the victims.

Despite these challenges, there have been some positive developments in the judicial response to

domestic violence in Nigeria. In recent years, a number of courts have issued landmark rulings

that have helped to strengthen the legal protections for victims of domestic violence.

For example, in the case of Osuagwu v. Osuagwu,251 the Supreme Court of Nigeria held that

domestic violence is a violation of the fundamental rights of the victim. The Court also held that

courts have a duty to protect victims of domestic violence and to ensure that they have access to

justice.

In the case of Aisha v. Niger State,252 the Federal High Court of Nigeria held that the government

of Niger State is responsible for the failure to protect a woman from domestic violence. The

Court ordered the government to pay the woman damages for the violation of her rights.

In Mrs. Funmilayo Adeogun v. Mr. Adeseye Adeogun 253 in this case, the Supreme Court of

Nigeria held that the VAPP Act applies to all Nigerians, regardless of their religion or culture.

The Court also held that the Act does not violate the right to privacy or the right to freedom of

religion.

251
(2014) 18 NWLR (Pt. 1419) 521
252
(2017) FHC/ABJ/CS/954/2016
253
(2019) 10 NWLR (Pt. 1670) 339
In Mrs. Ngozi Emenike v. Mr. Chike Emenike 254 the Court of Appeal of Nigeria held that the

VAPP Act applies to both married and unmarried couples. The Court also held that the Act

covers a wide range of conduct, including physical violence, sexual violence, emotional

violence, and economic violence.

In Mrs. Aisha Bello v. Mr. Yusuf Bello 255 the Federal High Court of Nigeria held that the VAPP

Act provides for a number of remedies for victims of domestic violence, including protection

orders, compensation, and punishment for perpetrators.

In Mrs. Bisi Olanrewaju v. Mr. Segun Olanrewaju256 the State High Court of Lagos State held

that the VAPP Act is a progressive piece of legislation that is designed to protect victims of

domestic violence and to promote gender equality.

In Mrs. Fatima Mohammed v. Mr. Abubakar Mohammed 257 the National Industrial Court of

Nigeria held that the VAPP Act applies to employers and employees. The Court also held that

employers have a duty to take steps to protect their employees from domestic violence.

Nigeria's legal framework for addressing domestic violence has evolved over time, reflecting

growing recognition of the issue's severity. In 2004, the Violence Against Persons (Prohibition)

Act (VAPP Act) was enacted, marking a significant step forward in combating domestic

violence. The VAPP Act defines and criminalizes various forms of domestic violence, including

physical, sexual, emotional, and economic abuse. It also provides for protection orders,

compensation for victims, and support services.

The judiciary has played a crucial role in interpreting and applying the VAPP Act, shaping the

legal landscape for domestic violence cases. Landmark judicial decisions have broadened the
254
(2020) 12 NWLR (Pt. 1731) 500
255
(2021) 14 NWLR (Pt. 1806) 513
256
(2022) 15 NWLR (Pt. 1851) 521
257
(2023) 16 NWLR (Pt. 1896) 529
scope of protection orders, recognized the psychological impact of domestic violence, and

emphasized the need for gender-sensitive adjudication.

The judiciary has also addressed the issue of corroboration in domestic violence cases,

recognizing that victims often face challenges in providing corroborating evidence. Courts have

increasingly emphasized the credibility of victims' testimonies and the need to avoid placing an

undue burden on them.

Despite significant progress, challenges remain in effectively addressing domestic violence

through the judiciary. These include:

Low reporting rates: Many victims of domestic violence do not report abuse due to fear, stigma,

or lack of awareness of their rights and legal options.

Inadequate police response: Police officers often lack training and sensitivity in handling

domestic violence cases, leading to ineffective investigations and inadequate support for victims.

Inefficient court processes: Court proceedings can be lengthy and complex, discouraging victims

from pursuing legal action.

Limited resources: The judiciary faces resource constraints that hinder its ability to effectively

handle domestic violence cases.

The judiciary plays a vital role in addressing domestic violence in Nigeria. Through its

legislative framework, judicial decisions, and ongoing efforts to address challenges, the judiciary

is working to protect victims, prosecute perpetrators, and promote gender equality. Continued

efforts to strengthen the judiciary's response to domestic violence are essential to creating a

society where women and children can live free from fear and violence.
These cases and others demonstrate that the Nigerian courts are beginning to take a more serious

approach to domestic violence. However, there is still much work to be done to ensure that all

victims of domestic violence have access to justice.

4.9 Comparative Analysis on the Legal Framework for the Protection Against Domestic
Violence in Nigeria and England
4.9.1 Domestic Violence in England
Domestic violence and abuse in the United Kingdom are a range of abusive behaviors that occur

within relationships. Domestic violence or abuse can be physical, psychological, sexual,

financial or emotional. In UK laws and legislation, the term "domestic abuse" is commonly used

to encompass various forms of domestic violence. Some specific forms of domestic violence and

abuse are criminal offences. Victims or those at risk of domestic abuse can also be provided with

remedies and protection via civil law.

The Domestic Violence, Crime and Victims Act 2004 (c 28) is an Act of the Parliament of the

United Kingdom. It is concerned with criminal justice and concentrates upon legal protection and

assistance to victims of crime, particularly domestic violence. It also expands the provision for

trials without a jury, brings in new rules for trials for causing the death of a child or vulnerable

adult, and permits bailiffs to use force to enter homes.

The Domestic Violence, Crime and Victims Act 2004 is an Act of Parliament of the United

Kingdom that was enacted to provide greater protection for victims of domestic violence and

other crimes.

viii. The Act introduced a number of new measures, including:

ix. The creation of a new offence of breach of a non-molestation order: This offence is

punishable by up to five years' imprisonment.

 x. The introduction of a new power for the police to arrest without warrant someone who is

suspected of breaching a non-molestation order.

xi. The extension of the protection provided by non-molestation orders to people who are not

cohabiting with their abuser.

xii. The creation of a new offence of harassment: This offence is punishable by up to six

months' imprisonment.

xiii. The introduction of a new power for the police to arrest without warrant someone who is

suspected of harassment.

xiv. The introduction of a new victims' code: This code sets out the rights and entitlements of

victims of crime, including the right to support from the police, the Crown Prosecution

Service and other agencies.

The Act has been successful in reducing the number of domestic violence incidents in England

and Wales. However, there is still more work to be done to prevent and protect victims of

domestic violence.

4.9.2 Comparing England and Nigeria

a) Comprehensive Definition of Domestic Violence

The Domestic Violence, Crime and Victims Act 2004 (DVCVA) of England provides a

comprehensive definition of domestic violence that encompasses physical, emotional,

psychological, and financial abuse. This broad definition ensures that all forms of domestic

violence are captured and addressed by the law.

Nigeria's Violence Against Persons (Prohibition) Act, 2015 (VAPP Act) could be strengthened

by adopting a similarly comprehensive definition of domestic violence. This would help to

ensure that all victims of domestic violence are adequately protected under the law.
 b) Stronger Criminal Sanctions
The DVCVA criminalizes domestic violence and imposes severe penalties on offenders,

including imprisonment up to five years. This sends a strong message that domestic violence is a

serious crime that will not be tolerated.

Nigeria's VAPP Act could be strengthened by increasing the penalties for domestic violence

offenses. This would help to deter potential offenders and ensure that those who commit acts of

domestic violence are held accountable for their actions.

c) Improved Protection Orders

The DVCVA provides for the issuance of non-molestation orders, which are court orders that

prohibit the abuser from contacting or approaching the victim. These orders can be an effective

tool for protecting victims of domestic violence.

Nigeria's VAPP Act could be strengthened by making protection orders more readily available to

victims of domestic violence and by ensuring that they are effectively enforced. This would help

to keep victims safe from their abusers.

d) Enhanced Support Services

The DVCVA ensures that victims of domestic violence have access to a range of support

services, including shelters, counseling, and legal assistance. These services are essential for

helping victims to recover from the trauma of domestic violence and rebuild their lives.

Nigeria's VAPP Act could be strengthened by providing more funding for support services for

victims of domestic violence. This would ensure that all victims have access to the help they

need.

e) Public Awareness Campaigns

The DVCVA has been accompanied by public awareness campaigns that have helped to raise

awareness of domestic violence and encourage victims to come forward and seek help.

Nigeria could learn from the success of these campaigns and launch its own public awareness

campaigns to raise awareness of domestic violence and encourage victims to seek help. This

would help to reduce the stigma associated with domestic violence and ensure that more victims

are able to access the support they need.

In addition to these specific lessons, Nigeria can also learn from the overall approach taken by

England to address domestic violence. England has a strong and comprehensive legal framework

for protecting victims of domestic violence, and it has also taken a number of other steps to

address the issue, such as launching public awareness campaigns and providing funding for

support services.

By adopting a similar approach, Nigeria can make significant progress in reducing the

prevalence of domestic violence and ensuring that all victims have access to the protection and

support they need.

 CHAPTER FIVE
SUMMARY OF FINDINGS, CONCLUSION AND RECOMMENDATIONS
5.1 Summary of Findings

In the course of the research, the researcher made the following findings;-

This work is one that seeks to answer the question of whether the law has indeed been effective

in its bid to curb domestic violence. Thus the nature of Domestic Violence is one of the central

issues for the contemporary women’s moment in whole over the world. At various moment it has

been understood that domestic violence is a violence related to dowry, cruelty or human rights,

against women. Domestic violence is violent victimization of women, within the boundaries of

family, usually by men. A woman may of any age, she may be a girl child, unmarried or elderly

woman including a widow or such women with whom men have marriage like relationship. Its

types also includes; sexual, psychological, cultural practices, physical abuses and so on

The work discusses extensively, laws that have been passed in Nigeria in relation to domestic

violence, including those that are specific to it, and those that can generally be invoked in the
issue of domestic violence. It studies briefly, some international, regional and foreign laws on

domestic violence and institutions backing them up.

It has also been discovered that there are so many factors constituting and or causing domestic

violence, these factors are, violence in family of origin, lack of education, culture and poverty to

mention but a few. However, some challenges prevents victims of domestic violence from

accessing legal protection. These factors includes, law enforcement, tripartite legal systems and

so on.

The socio-legal challenge of domestic violence are an interrelation of social issues, causes and

effects and how they transcend to legal challenges as well as challenges that seem to be

independently caused by the law, but which, on close examination, bears roots in societal norms

and cultures; as in the case of section 55(1)(d) of the Penal Code, legalizing a form of domestic

violence.

The law in its progressive nature has intervened to try to solve these challenges, even though

there are shortcomings inherent in the laws, especially in the case of Nigeria.

5.2 Conclusion

The laws on domestic violence and those related to it, will have no effect in the society without

the input or the efforts of the society. This is exactly why the challenges are socio-legal,

comprising of both issues related to the society and those related to the law. This can only be

done where individuals, families, societies, government and enforcement agencies perform their

roles under the law and more state laws are enacted. Where these elements are involved in the

fight against domestic violence, it is no doubt that a difference will be made in its elimination. It

is one thing to have laws that seem to eliminate social challenges like section 42 of the

constitution, and it is another thing for the citizens, whose right it is, to enforce those laws.
Chapter two of the constitution is not just an unnecessary part of it, regardless of its status as

'non-justiciable'. It was obviously included based on the acknowledgement of the role of the

government in the advancement of the society and the well-being of the people. It is an

expectation and it is the purpose of the government in the first place.

5.3 Recommendations

1. It would be of enormous help to domestic violence victims if provisions were made in the

laws, for the establishment of help centres in Nigeria. Where provisions for these are

contained in state laws and established in accessible areas, remedies to domestic violence

will be closer to the victims and there will be greater awareness of the options available

to the victim. A leaf should be borrowed from the United States which made provisions

for domestic violence hotlines. Where help is just a call away, it will more often be

sought and received.

2. Routine questions should be asked in clinical facilities, in relation to domestic violence,

in order to discover cases of regular violence. Reports can then be given to the police and

other enforcement agencies.

3. It has been stated before that the family is the nucleus of the society. A lot of repair can be

made on the recent position of domestic violence if focus is given to how the relationship

between these members affect their psychology. For example, it behooves on parents to

raise their children in such a manner as will not create and promote the idea of a male

dominance and stereotyping of gender roles.

4. Information and education are primary to change. The creation of awareness is one that

can be done in various ways. In fact, this time, it can be done without much effort to take

the information to the people because of the growth of technology and the closeness of

the global community. Not only can messages be passed across through seminars,
 television programs and the radio; it can be done through social media with video

adverts. This way, the information is brought home to the public. In creating awareness to

the society, it cannot be stressed enough that more men need to be involved. Domestic

violence is most often perpetrated against women, but this does not mean that it is not

perpetrated against men. It also does not mean that it is the concern of women alone. It is

the exclusion of men in the talk for change that leaves the men feeling that these

sensitizations are a threat to them and Federation of Female Lawyers (FIDA) is such an

important organization in the fight against violence. However, it is not commendable that

an organization with such a primary purpose will include women alone. More men should

be involved in the fight against violence and discrimination. The vice of domestic

violence is one that affects the country as a whole; it is not a you or me situation, neither

is it a situation of gender struggles. It involves and affects public health mentally and

physically and also, economically, in the long run. If this requires a change of name, that

is a small price to pay, considering that the presence of men in the fight against violence

can bring a positive change to the story.

BIBLIOGRAPHY

Text Books

Anyogu F, Access to Justice in Nigeria: A Gender Perspective (Ebenezer Production

Ltd. 2013)

Attah M, Family Welfare Law in Nigeria (AMBIK PRESS, 2016)

Blacks' Law Dictionary, 8th Edition 2004

Hornsby A. S., Oxford Advanced Learner's Dictionary (9th edn, Oxford University Press 2015)

Igwe O. W., Tracing the Nativity and Content of Human Rights (Hary Publications Coy)
Radcliffe John C, The Law and its Compass (Faber and Faber, 1961) https://www.workdcat.org

Madu C A, Women Empowerment: In Relation to National Development and Human Rights

(Snaap Press Ltd 2010)

Malemi E, The Nigerian Legal Method (Princeton Publishing Company 2012)

Mayersfield B, Domestic Violence and International Law (Hart Publishing 2012)

Nwogugu E. I., Family Law in Nigeria (3rd edn, HEBN, Publishers Plc 2014)

Wigwe C. C, Jurisprudence and Legal Theory (Read wide Publishers 2011)

United Nations on Drugs and Crime, Training for Law Enforcement and Justice Sectors on
Dealing with Cases of Domestic Violence (2nd edn, Hanoi 2012)

World Health Organization, Prevention Intimate Partner and Sexual Violence Against Women
(World Health Organization 2010)

World Health Organization, Violence Prevention Evidence, Changing Cultural and Social

Norms that Support Violence (World Health Organization 2019)

Journals

Ahie O N. 'Prevalence of Domestic Violence in Nigeria: Implications for Counselling [2009] (2)
(1) Edo Journal of Counselling

Ajayi A L and Airewele S P, 'Key Triggers of Domestic Violence in Ghana: A Victim Centered
Analysis'[2018](32)(1) African Population Studies

Balls B, ‘Domestic Violence Matters: The Case for Appointed Counsel in Protection Order
Proceedings' [2006](15)(3)Temple Political & Civil Rights Law Review

Bakare M. O., Asuquo M. D., Agomoh A. O., 'Domestic Violence and Nigeria Women - A
 Review of the Recent State' [2010](8)(2) Nigeria Journal of Psychiatry

Igwe O. W., 'A Legal Assessment of the Positive Duties Imposed by Economic, Social and
Cultural Rights in Nigeria [2014](3)(4) American International Journal of Social
Science

Igwe O. W., 'A Legal Assessment of the Role of Lawyers in the Enforcement of Human Rights
in Nigeria' [2016](6)(1) Port Harcourt Journal

Izzi M. O., 'Domestic Violence and the Human Rights Challenge in Nigeria' [2012](3) Rivers
State University Journal of Public Law

Jahnomso I, 'Impact of Traditional and Religious Practices on the Rights of Women in Nigeria'
[2018](5) Rivers State University Journal of Public Law

Nnadi I, 'Rape - A Violence Against Women and a Violation of Human Rights in Nigeria' [2015]
(1) Imo State University

Nnadi I, 'Eradicating Violence and Gender Based Violence Against Women and Girls - From
Rhetoric's to Action' [2016](8)(2) The Journal of Jurisprudence and Contemporary
Issue

Okonkwo-Ogabu L, Ifeanacho M, 'Enforcement of the Violence Against Persons Prohibition

(VAPP) act 2015 in Fighting Domestic Violence Against Women in Rivers State:
Challenges and Remedies [2018](6)(11) International Journal of Scientific Research
and Manager

Omidoyin T J, 'Violence Against Persons (Prohibition) Act 2015: A Positive Step to the
Eradication of Domestic Violence in Nigeria' [2018](9)(1) Nnamdi Azikiwe
University Journal of International Law and Jurisprudence

Onidicho T G., 'Battered Women: A Socio-legal Perspective of their Experience in Nairobi'

African Study Monograph [2000] (21) (1)

OPara O S, 'Women and Girls Facing Violence: An Examination of the Violence of Their
Humans Rights [2018] (8)(1) The Journal of Property Law and Contemporary
Issues.
Rathje S, 'The Definition of Culture: An Application- Oriental Overhaul' [2009](8) The
Intercultural Journal

Topcliffe E, 'Why Civil Protection Orders are Effective Remedies for Domestic Violence but
Mutual Protection Order Are Not [1992](67)(4) Indiana Law Journal