A CRITICAL LEGAL ANALYSIS OF INSTITUTIONAL AND SOCIETAL BARRIERS TO JUSTICEFOR VICTIMS OF SOCIETAL VIOLENCE IN NIGERIA.

Prima facie, one might be led to believe that sexual violence has become so pervasive in Nigeria that it is gradually being normalised in society. The popular maxim “justice delayed is justice denied,” attributed to William Edwards Gladstone, captures the realities faced by many victims within the Nigerian justice system — a system where victims of sexual violence encounter numerous institutional and societal barriers. Across different communities and states in Nigeria, women and girls are highly prone to sexual violence. According to Dataphyte’s 2023 report,¹ more than 17 million Nigerians aged 15 to 49 have experienced sexual violence. Despite this alarming figure, only a fraction of cases are reported and even fewer are prosecuted, owing to a lack of functional legal infrastructure, fear of victimisation, and the demanding evidentiary requirements of sexual violence cases in Nigeria.

Sexual violence is not merely a criminal act but a violation of fundamental human rights. It refers to any attempt to obtain an unwanted sexual act or advance directed against a person using coercion, regardless of the relationship between victim and perpetrator. It is criminalised under the Violence Against Persons (Prohibition) Act 2015,² the Criminal Code,³ and the Child Rights Act 2003.⁴ Sexual violence encompasses rape, sexual assault, sexual harassment, forced marriage, and attempted rape. Women and girls in Nigeria have the fundamental right to live in dignity and free from all forms of sexual violence. A female student should not have to think twice about her safety when attending an event, studying in a school environment, or attending a place of worship. Unfortunately, the reverse is the reality for women and girls living in Nigeria.

I. The Limited Adoption of the VAPP Act: An Institutional Barrier

One of the most significant institutional barriers to justice for victims of sexual violence in Nigeria is the limited adoption of the Violence Against Persons (Prohibition) Act 2015. The Act was enacted following a fourteen-year campaign by women’s groups and gender activists seeking stronger legal protection for women and girls in Nigeria. Yet, years after enactment, the law applies only in the Federal Capital Territory, Abuja, and in nine of Nigeria’s thirty-six states that have domesticated it. While some states maintain relevant legislation under the Penal Code and Criminal Code, violence against women remains devastatingly high. This uneven adoption creates a distorted legal framework in which victims in certain states — particularly in rural areas — lack access to the protections and remedies available under the VAPP Act, constituting a profound institutional barrier to justice.

II. The Evidentiary Burden: An Institutional and Societal Barrier

The law is guided by the principle that “he who asserts must prove.” In the same vein, Section 135 of the Evidence Act 2011⁵ provides that every assertion grounded in criminal liability must be proved beyond reasonable doubt. The rigorous evidentiary requirements for sexual violence cases represent a prominent institutional and societal barrier to justice for victims in Nigeria.

Sexual violence is considered one of the hardest crimes to prove, and not without reason. Section 357 of the Criminal Code defines rape as having unlawful carnal knowledge of a woman or girl without her consent, or with consent obtained by force, threat, intimidation, fear of harm, or fraudulent misrepresentation. The prosecution must therefore prove not only that the act was committed without consent and with force, but also that penetration occurred. This burden becomes particularly challenging where there is little or no physical evidence to support the victim’s testimony.

In the leading case of Oludotun Ogunbayo v. The State,⁶ the Supreme Court established that it is not a rule of law that an accused person cannot be convicted on the uncorroborated evidence of the victim; where the victim’s evidence is credible, it can sustain a conviction. However, Nigeria lacks a robust, decentralised network of DNA forensic laboratories and sexual assault referral centres across many rural jurisdictions, making it more difficult for victims to establish their claims.

Recent reports from the Lagos State Domestic and Sexual Violence Agency⁷ confirm that while reporting has increased — with 8,792 cases of sexual violence, including 99 rape cases, recorded between August 2024 and July 2025 — securing convictions remains a challenge due to inadequate forensic equipment and training. Physical evidence is often lost or poorly handled by law enforcement, thereby undermining the pursuit of justice for victims.

III. Fear as a Societal Barrier

According to the maxim Vigilantibus non dormientibus jura subveniunt — the law assists the vigilant, not those who sleep on their rights — societies are often quick to criticise and question why victims fail to urgently report sexual violence to the appropriate authorities, thereby underestimating the paralysing power of fear.

Fear remains one of the most significant societal barriers to justice for victims of sexual violence in Nigeria, and is frequently weaponised by perpetrators to silence their victims. In July 2016, Human Rights Watch⁸ documented sexual abuse, including rape and exploitation, suffered by forty-three women and girls living in internally displaced persons’ camps in Maiduguri. The Human Rights Watch interviews revealed fear as a prominent factor preventing victims from speaking out. Victims expressed fear of being disbelieved or ridiculed, and — particularly in cases where perpetrators hold positions of authority — fear of harm. Mausi Segun, a senior Nigerian researcher at Human Rights Watch, observed that women and girls were being denied the support they urgently needed following the horrific trauma inflicted upon them.

One may argue under the principle of dura lex sed lex — the law is harsh, but it is the law — that victims must comply with existing reporting timelines. However, in the context of sexual violence, and in light of the profound psychological and emotional toll on victims, there is a compelling case for extending the period within which victims may report such offences. Equally important is the provision of adequate mental health and emotional support services as an integral part of the legal process.

IV. Patriarchal Structures: A Societal Barrier

Patriarchal societal structures within Nigerian society constitute a major barrier to justice for victims of sexual violence. Deeply entrenched cultural norms promote gender inequality by positioning women as subordinate to men, creating an environment in which sexual violence is normalised and silenced without proper remedies being afforded to victims. This imbalance of power fosters a culture of silence and impunity, where victims are not only discouraged from speaking out but are blamed for their circumstances. These dynamics are evident across various sectors of society, including educational institutions and workplaces, where incidents of sexual harassment are frequently reported but rarely addressed with the seriousness they deserve.

The tragic case of The State v. Andrew Ogbuja & Ors (Ochanya Ogbanje Case),⁹ High Court of Benue State (2019), illustrates how entrenched power imbalance and abuse of trust within close social and institutional environments enable prolonged sexual violence against vulnerable victims, particularly minors. The case underscores that sexual violence against minors often persists due to silence, fear, and the abuse of power — reinforcing the urgent need for stronger protective legal mechanisms and rigorous enforcement.

A recent and disturbing illustration of societal norms that facilitate sexual violence is the festival reported in Ozoro, Delta State, which came to light on 21 March 2023. The seven-day festival allegedly permits men in the community to rape women seen outside during its duration. This practice has been confirmed by community members, and it has been reported that foreigners unaware of the festival have fallen victim to sexual violence as a result.

V. Institutional Response: Failure at the Highest Levels

The response of institutions to allegations of sexual violence — particularly where individuals in positions of authority are implicated — leaves much to be desired. The case of Senator Natasha Akpoti, who faced significant institutional and societal backlash after making allegations of sexual harassment against a fellow Senator, illustrates the challenges that victims may encounter even at the highest levels of power. If a person of Senator Akpoti’s stability, profile, and resources struggles to obtain justice, the fate of an average Nigerian woman with limited resources and no public platform is considerably worse. This reality reinforces the urgent need for both legal and societal reforms aimed at dismantling the structures that perpetuate inequality and hinder access to justice for victims of sexual violence in Nigeria.

Conclusion

The institutional and societal barriers surrounding sexual violence in Nigeria cannot be overstated; they continue to undermine the effective administration of justice. Addressing these barriers demands reform on multiple fronts: the nationwide domestication of the VAPP Act, investment in decentralised forensic infrastructure, the extension of reporting timelines with accompanying psychological support, and the dismantling of patriarchal norms that shield perpetrators from accountability. It is imperative to establish and strengthen a legal framework that is not only effective but also free from misogynistic tendencies, in order to dismantle the persistent obstacles faced by victims of sexual violence.

In the words of Osai Ojigho,¹⁰ Director of Amnesty International Nigeria: “Concrete actions have not been taken to tackle the rape crisis in Nigeria with the seriousness it deserves. Women and girls continue to be failed by a system that makes it increasingly difficult for survivors to get justice, while allowing perpetrators to get away with gross human rights violations.”

Ultimately, the fight against sexual violence requires collective responsibility. As Justice Oputa observed, justice is not a one-way traffic, nor merely a two-way traffic; it is a three-way traffic — justice for the victim, justice for the state, and justice for the community. Only when these three dimensions are effectively balanced can the justice system truly fulfil its purpose in addressing sexual violence in Nigeria.

Reference(S):

1. Dataphyte, Report on Sexual Violence in Nigeria (2023).
2. Violence Against Persons (Prohibition) Act 2015 (Nigeria).
3. Criminal Code Act, § 357 (Nigeria).
4. Child Rights Act 2003 (Nigeria).
5. Evidence Act 2011, § 135 (Nigeria).
6. Oludotun Ogunbayo v. The State, [2007] NGSC 165 (Sup. Ct. Nigeria, Mar. 8, 2007).
7. Lagos State Domestic and Sexual Violence Agency, Report on Sexual Violence Cases (Aug. 2024–July 2025).
8. Human Rights Watch, Sexual Abuse in IDP Camps in Maiduguri (July 2016).
9. The State v. Andrew Ogbuja & Ors (Ochanya Ogbanje Case), High Ct. Benue State (2019).
10. Osai Ojigho, Amnesty Int’l Nigeria, Public Statement on the Rape Crisis in Nigeria.