DOMESTIC VIOLENCE IN NIGERIA: LEGAL PROTECTION AND ENFORCEMENT CHALLENGES

1. INTRODUCTION

According to Sandra Pupatello “”The effects of abuse are devastating and far-reaching. Domestic violence speaks many languages, has many colors and lives in many different communities.”

Domestic violence is an important issue yet it is an underreported human rights violation in Nigeria. The Violence Against Persons (Prohibition) Act 2015 has reports of physical, sexual, emotional and psychological abuse which keeps rising. This exposes the disconnection between the laws enacted and the laws experienced by victims, this raises a legal question: Why does domestic violence remain widespread despite the existence of various legislation designed to prevent and punish it?

Despite all the legal frameworks in Nigeria, many survivors of domestic violence still face barriers in getting justice while the perpetrators of this offence keep evading accountability.

Historically, the victims of domestic violence are mostly women and children. In rare instances, men are also victims.

This article argues that although Nigeria has made laws concerning domestic violence there are still problems in enforcing these laws.

This article examines the legal framework on domestic violence in Nigeria. It analyses judicial decisions and evaluate challenges facing its enforcement. It also talks on how to strengthen the legal framework on domestic violence.

        2. MAIN BODY

Legal Framework

Domestic violence can be defined as any pattern of abuse used by one person to have control over another person in an intimate relationship. It is not only against spouse, it can be against children as well. The menace is most victims fear to speak out due to societal stigma, shame, victim-blaming and the culture of silence. Domestic violence is often concealed behind closed doors.

Forms of Domestic Violence

• Physical Abuse:This is when you mistreat someone in a way that would lead to physical injury or the person experiencing pain, such as beating, pinching, slapping, kicking, choking and pushing.
• Emotional and Psychological Abuse:This involves undermining someone’s self-esteem or self -worth such as cursing, bullying, threatening, harassing, verbal insults, humiliation, intimidation and isolation.[1]
• Sexual Abuse:This refers to any non-consensual sexual activity, such as rape, forced sexual acts, or sexual harassment.

Causes of Domestic Violence

• Cultural and Traditional Beliefs: Patriarchal norms are still embedded in Nigerian society on male dominance. This societal belief justify men’s control over women and condone violence as a means of disciplining women. This discourages victims from speaking about domestic violence. Society sees it as a normal thing in some culture.
• Economic factors: Poverty, unemployment, and economic inequality create financial stress and frustration. They pour out this frustration on another person by mistreating or subjecting them to abuse. Also, an individual who depends on her partner finds it difficult to leave.
• Weak Law Enforcement: Despite the existence of laws against domestic violence, such as the Violence Against Persons Prohibition (VAPP) Act 2015. The enforcement of this Act is weak.
•  Family Background: People who have grown up in an abusive environments and witnessed or experienced abuse as children may be more likely to perpetrate domestic abuse as adults.⁷ 
•  Social factors: Society blames victims for being abused, which makes it difficult for them to come forward and report their abusers.
• Lack of Awareness and Education: Many people in Nigeria are unaware of what constitutes domestic violence or where to seek help. This lack of knowledge prevents victims from recognizing abuse.
• Alcohol and Drug Abuse: Substance abuse is one of the major problem surrounding domestic violence.[2]

Men also suffer from domestic violence but it is not reported because of the fear of social stigma. Domestic Violence is a violation of human right. Every human being has the right to live without fear or abuse.

STATUTORY FRAMEWORK

1. The 1999 Constitution of the Federal Republic of Nigeria(CFRN)

Section 34 states the right to dignity for all citizens, no Nigerian citizen should be subjected to slavery, torture or human degrading treatment.[3] This is the constitutional framework protecting victims of domestic violence.

2. The Violence Against Person (Prohibition) Act (VAPP) 2015.

This is the most comprehensive law Nigeria made against domestic violence. The Act criminalizes all form of domestic violence. This act provides legal remedies for victims. It is applicable in the FCT and it has been adopted by 13 states.[4]

The act prohibits rape on both male and female.

Section 2 prohibits physical injury on another by use of weapon, substance or objects and also states the penalties for the offence for the actors, those that attempt such act and persons who conceive such act.[5]                                                                                                                      

Section 3 provides that a person who coerces another to engage in any act to the detriment of that other person’s physical or psychological well-being, commits an offence.[6]                                                                

Section 4 prohibits wilfully placing fear in another person, fear that physical injury will be done to him or her.[7]                                                                                                                          

Section 6 prohibits Female Genital mutilation.[8]                                                                                         

Section 19 prohibits spousal battery. Anyone who commits this offense is liable up to 3 years imprisonment and 200,000 fine or both. Anyone who attempts or aids this offense is liable up to 1 year.[9]

3. Lagos State Protection Against Domestic Violence Laws 2007

Section 1: prohibits domestic violence.

Section 2: Victims can apply for protection order.

Section 15: Punish anyone who breach the protection order.

4. Criminal Code Act and Penal Code Act

This is the legal framework in the south and North of Nigeria. They prohibits all forms of violence.

5. Child Rights Act 2003

Section 11: Protects children from physical, mental, or emotional abuse.[10]

CASE LAW ANALYSIS

1. Ugwu v Ugwu,[11] It is a matrimonial proceeding where the court held that cruelty and violence is enough for dissolution of marriage.
2. In the case of Mary Sunday v Nigeria, a woman was beaten by her fiance and burned, the court ruled in her favor.
3. In the case of Asika v Atuanya, section 42 of the Constitution of the Federal Republic of Nigeria, 1999 prohibits discrimination against women. When native laws discriminate against women, they are repugnant to natural justice, equity and good conscience and must be abolished.
4. Musa Sadu v The state,[12] the court of appeal held the appellant for battery against his wife.
5. Also, in the case of Nweke v state , where the appellant stabbed his wife claiming that she was carrying a pregnancy that was not belonging to him. He was guilty of the murder of his wife and sentenced to death by hanging.
6. The Nigerian gospel singer, Osinachi Nwachukwu also died due to domestic violence.

These judicial precedents help to protect victims of domestic violence.

CRITICAL EVALUATION

Although Nigeria has enacted laws to combat domestic violence, particularly the Violence Against Persons (Prohibition) Act 2015 (VAPP Act), enforcement remains a major challenge. The effectiveness of these laws is weakened by inconsistent implementation, institutional shortcomings, and socio-cultural barriers.

A significant challenge is the limited application of the VAPP Act. While many states have domesticated the Act, others have not, resulting in unequal legal protection for victims across the country. This undermines access to justice and creates disparities in the protection available to survivors.

Enforcement by law enforcement agencies is also inadequate. Domestic violence is often treated as a private family matter rather than a criminal offence, leading to poor investigations, delayed prosecutions, and low conviction rates. Consequently, many victims lose confidence in the justice system and are discouraged from seeking legal remedies.

Cultural beliefs and patriarchal norms further contribute to the problem. Victims are often pressured to remain in abusive relationships to preserve family unity or avoid social stigma. Economic dependence and fear of retaliation also prevent many survivors from reporting abuse.

While Nigeria has demonstrated commitment through legislative reforms and international human rights obligations, legal protection alone is insufficient. Effective implementation, improved institutional support, public awareness, and stronger accountability mechanisms are essential to ensuring that victims receive meaningful protection and perpetrators are brought to justice.

CONCLUSION

Domestic violence remains a serious human rights and legal challenge in Nigeria despite the existence of constitutional protections, statutory provisions, and international obligations. Although laws such as the Violence Against Persons (Prohibition) Act 2015 have strengthened the legal framework, weak enforcement, cultural barriers, and institutional deficiencies continue to hinder effective protection for victims.

This article has shown that the primary challenge is not the absence of legal provisions but their inadequate implementation. Strengthening the response to domestic violence therefore requires more than legislative reform; it demands effective law enforcement, timely access to justice, and comprehensive support services for victims.

To address these challenges, all states should adopt and effectively implement the VAPP Act, while government agencies should improve training for law enforcement officers and judicial personnel, expand victim support services, and promote public awareness to challenge harmful social norms. Through these measures, Nigeria can move closer to ensuring that the legal rights of domestic violence victims are fully protected and enforced.

BIBLIOGRAPHY

1. AWJAI Research Team, ‘Domestic Violence in Nigeria: What the Law Says and How Victims Can Get Help’ (Asabe Waziri Justice Advocacy Initiative, 6 August 2025) https://awjai.org/2025/08/06/domestic-violence-in-nigeria-what-the-law-says-and-how-victims-can-get-help/ accessed 1 August 2026.
2. Domestic Violence in Nigeria’ Wellbeing Foundation Africa https://wellbeing.ng/domestic-violence-in-nigeria/ accessed 1 August 2026.
3. Aziza Nigeria, ‘Domestic Violence and Law Against It in Nigeria’ (26 August 2025) https://www.aziza.com.ng/read/domestic-violence-and-law-against-it-in-nigeria/ accessed 1 August 2026.

[1] AWJAI Research Team, ‘Domestic Violence in Nigeria: What the Law Says and How Victims Can Get Help’ (Asabe Waziri Justice Advocacy Initiative, 6 August 2025) https://awjai.org/2025/08/06/domestic-violence-in-nigeria-what-the-law-says-and-how-victims-can-get-help/  accessed 1 August 2026.

[2] Domestic Violence in Nigeria’ Wellbeing Foundation Africa https://wellbeing.ng/domestic-violence-in-nigeria/ accessed 1 August 2026.

[3]  1999 Constitution of the Federal Republic of Nigeria, s 34.

[4] Aziza Nigeria, ‘Domestic Violence and Law Against It in Nigeria’ (Aziza Nigeria, 26 August 2025) https://www.aziza.com.ng/read/domestic-violence-and-law-against-it-in-nigeria/ accessed 1 August 2026.

[5] Violence Against Person (Prohibition) Act 2015, s 2.

[6] Violence Against Person (Prohibition) Act 2015, s 3.

[7] Violence Against Person (Prohibition) Act 2015, s 4.

[8] Violence Against Person (Prohibition) Act 2015, s 6.

[9] Violence Against Person (Prohibition) Act 2015, s 19.

[10] Child’s Right Act 2003, s 11.

[11] 2019 LPELR- 46542 (CA).

[12] 2021 LPELR-56283 (CA).