THE LEGAL RESPONSE TO DOMESTIC VIOLENCE IN NIGERIA

ABSTRACT

Domestic violence in Nigeria remains a prevalent issue which is also affecting the world globally. Despite the existence of various laws, judicial interpretation, the legal response to domestic violence in Nigeria is still vague and inadequate. This article examines the legal  framework, judicial interpretation, critical analysis of the legal response to domestic violence in Nigeria . It also looks at the recent developments and highlights salient recommendations needed for a more effective and efficient approach in addressing domestic violence in Nigeria.

INTRODUCTION

Domestic Violence in Nigeria remains a life-threatening social challenge that undermines the safety, freedom and generally the fundamental rights of an individual particularly women and children in a particular household.  It is broadly understood as the physical, sexual, emotional , economic and psychological abuse within a family.

According to the Black’s Law dictionary, domestic violence is defined as violence between members of a household, usually spouses, an assault or other violent acts committed by one member of a household against another. It is also the infliction of physical injury or the creation of a reasonable fear that physical harm will be inflicted by a parent, guardian, members or former members of a child’s household against a child or other members of the household. [1]

Cases of domestic violence in Nigeria are on the high and there seems to be no sign of reduction.  It takes different forms such as rape, acid attacks, battery, verbal, neglect and abandonment, torture, molestation, wife beating, corporal punishment, child marriages, forced marriages, incest, teenage pregnancy, starvation, female genital mutilation, death.

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

The laws applicable then treated many domestic violence inadequately , especially where perpetuated by intimate partners. The patriarchal culture, stigma and shame associated , and the notion of “family matters” made domestic violence stronger and silenced the tongues of the victims since it was considered a private matter not meant for ears, and so many people didn’t want it to be a public discussion. All these contributed to under- reporting and weak legal reforms. This is due to the feeling of male supremacy , some men believe that their women are nothing but a tool for working, satisfying their pleasure and beating. There is a deep cultural belief in Nigeria that it is socially acceptable to hit a woman in order to correct her in a patriarchal African home. Most women are being beaten like animals by their husbands when they don’t listen to their husbands, when they don’t cook well and on time, when they go out and come back late, or go out without informing their husbands, most times it’s because they have given birth to only female children, or they come back drunk . These are gee instances that trigger domestic violence in Nigeria.

The push for reforms gained momentum in the early 21st century with civil society, women’s right organization, international human rights obligation urgings strong protection. As a result, the VAPP ACT was enacted in 2015 to provide more comprehensive coverage of violence in both public and private sphere. [2]

STATISTICS [3]

Global estimates published by WHO shows that one in three women in Nigeria have experienced physical or sexual violence at some point in their lives.

It also shows that in Nigeria, 31 % of women have experienced physical violence since age 15.

In 2017, 14% of women experienced physical violence. Most violence is being perpetuated by intimate partners.

Worldwide, almost one-third (30%) of women who have been in a relationship report that they have experienced some form of physical and/or sexual violence in Nigeria by intimate partners in their lifetime.

Nigeria has the third highest number of child brides in the world and ranks 11th in countries with the highest number of child marriages globally.

In Nigeria, women who have experienced physical violence from age 15 include: [4]

North West- 12%

North East- 38%

North Central -43%

South West -30%

South south -46%

South East -36%

A report by UN women found that nearly seven out of ten women in Nigeria reported experiencing or knowing a woman who has experienced a form of violence against women in their lifetime.

The salient question this article seeks to answer is the effectiveness of Nigeria’s legal response to domestic violence.

RESEARCH METHODOLOGY

This article employs the use of doctrinal legal research approach . This focuses on systematically analyzing existing legal sources to understand, interprete , analyze , apply legal principles and doctrines.

LEGAL FRAMEWORK

In answering the aforementioned salient question ,there are laws that protect victims of domestic violence and address it adequately.

The Constitution of the Federal Republic of Nigeria, 1999. [5]This is the grundnorm of the country, where other laws derives it’s validity from. It plays an in addressing domestic violence in Nigeria. It provides  for the protection of one’s fundamental rights under chapter 4 of the Constitution.

Section 33[6] provides for the right to life, and one one shall be deprived intentionally of his life.

Section 34 provides that every individual is entitled to respect for the dignity of his person

no person shall be subject to torture or inhuman or degrading treatment. [7]

no person shall be deprived of his personal liberty.

Section 42 provides for freedom from discrimination. [8]

Section 46 provides that any person whose fundamental rights are, has been or is likely to be infringed upon by anyone should apply to any high court of the state for redress. [9]

The Violence against persons (prohibition) Act 2015. [10]This is also r key federal statute addressing violence in both public and private matter in Nigeria. It’s purpose is to eliminate violence against persons, provide protection and effective remedies for victims, and adequate punishment for offenders.

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.

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.

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

Section 6 prohibits Female Genital mutilation.

Others include, the VAPP ACT prohibits forceful ejection  from home, forced isolation from friends and family .

It also prohibits a person from causing emotional, verbal and psychological abuse on a person. [11]

The Child Right Act;(2003). [12]This act protects the right of a minor below 18 years in Nigeria. It provides that the best interest of every child to be of paramount consideration in all actions concerning a child.

It also states that every child has the right to dignity, is entitled to his dignity and shall not be subjected to torture, neglect, abuse, maltreatment including sexual abuse.

The act also criminalizes child marriages.

It is set out to protect minors, and spells out the penalties for offenders.

The Criminal code Act [13]and the Penal Code. [14]This is a primary legislation that provides for a number of crimes in Nigeria both In the South and North.

It prohibits all forms of violence like rape, assault, death. It provides strict punishment for offenders.

Universal Declaration of Human Rights (1948) :[15] this prohibits all forms of violence globally.

It provides that no one shall be subjected to torture, or to cruel, inhuman or degrading treatment or punishment.

All these legal framework addresses any form of domestic violence adequately, protects the victims and it recognizes both civil remedies and criminal punishment.

JUDICIAL INTERPRETATION

There are various judicial decisions given by Courts which suitably addresses domestic violence in Nigeria. The Legal response to domestic violence given by Nigerian Courts has been a great aid in reducing the disturbing crisis of domestic violence.

The case of  the Nigerian Gospel singer Osinachi Nwachukwu involves her death on April 2022 which was due to domestic violence by her husband Peter Nwachukwu, who was subsequently sentenced to death by hanging in April, 2025. This decision by the court reinforced its Zero tolerance to domestic violence.

In the case of Mary Sunday v Nigeria, [16]where a woman was beaten by her fiance and burned, the Eco was court ruled in her favor.

In the case of Asika v Atuanya, [17]the court in addressing the subject matter of domestic violence and discrimination on women stressed that by virtue of section 42 of the Constitution of the Federal Republic of Nigeria, 1999, which prohibits discrimination against women. And when native laws discriminate against women, they are repugnant to natural justice, equity and good conscience and must be abolished.

This is similar to the case of mojekwu v mojekwu. [18]

The court further stated that by virtue of article 2 of the UN 1979 convention on the Elimination of all forms of discrimination against women, government shall take all appropriate measures including legislation to modify or abolish all existing laws , customs and practices which constitute discrimination against women . And this convention is applicable in Nigeria.

Also, in the case of Nweke v state , [19]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.

These judicial precedents help to protect victims of domestic violence.

CRITICAL ANALYSIS

STRENGTHS

The Legal framework addresses domestic violence such as the VAPP ACT, it gives a broad definition of violence to include psychological, economic and emotional, sexual abuse. It also provides remedies for victims.

Judicial interpretation has also landed its voices in curbing domestic violence.

WEAKNESSES

There is no full implementation of the VAPP ACT and various states laws which prohibits domestic violence.

The courts are usually slow in giving judgement, giving the perpetrators of this henious acts more leverage and time.

Cultural norm , social stigma reduces investigation on these matters because of the notion of “family matters”

Limited access to Justice for victims

RECENT DEVELOPMENTS

Domestication and implementation of the VAPP ACT.  35 states has domesticated the VAPP ACT.

Increased awareness: campaigns are ongoing and there are increased awareness globally on the need to protect women, children and curb domestic violence. [20]

Government initiative: the Federal ministry of women affairs under its “Renewed hope agenda” has articulated a clear focus on protection against gender based violence.

NGOs involvement. Some NGOs are now fully involved in the movement to curb domestic violence.

RECOMMENDATIONS

Victims of domestic violence should be encouraged to speak out early and seek help before it’s too late.  Those experiencing domestic violence should seek help and speak out because that is the only way one can know what is happening.

Once they speak out, encouragement and support should be given to them such as counselling advices, legal aid . There should be increased access to Justice for victims.

The courts should dispense justice speedily .

Where there are cases of domestic violence, it should be treated urgently as justice delayed is justice denied. This will help strengthen the laws which curbs domestic violence.

Public enlightenment on the ills of domestic violence , the need to avoid it and it’s dangers to the society.

Address the root causes of violence

The root causes of violence should always be addressed properly.

There should be a sensitization on the need to shift from the traditional beating of women to the modern mode of resolving dispute.

CONCLUSION

The Legal response to domestic violence in Nigeria has significantly improved, it has made remarkable success. The Legal framework in place such as the VAPP ACT, the Constitution of the Federal Republic of Nigeria,1999 , and judicial interpretations have contributed immensely to tackling the issue be devilling our society. However, there are challenges faced in fully implementing the laws such as illiteracy, poverty, patriarchal culture, social stigma. For domestic violence to be wiped out completely, the above recommendations must be put in place. A multi faceted approach involving legal reform, judicial capacity building and societal change is essential for Nigeria to realize a safe environment free from domestic violence.

BIBLIOGRAPHY

STATUTES

The Constitution of the Federal Republic of Nigeria,1999.

Child Right Act,2003

Criminal code Act Cap C38

Penal Code Act Cap 89

Violence Against persons (prohibition) Act,2015

Universal Declaration of Human Rights,1948

JOURNALS

Amnesty International, ‘Nigeria’s Domestic Violence -A Human Rights Violation’( 2019).

Itoro Eze, ‘Domestic Violence and Legal Reforms in Nigeria ‘

Mondaq, ‘Laws of Domestic Violence in Nigeria ‘ https://www mondaq.com/Nigeria/human -rights/1221230/laws-on-domestic-violence in Nigeria.

National Bureau of Statistics (2015) Domestic Violence Survey Report.

WHO, ‘Violence Against Women: A Global health problem of epidemic propositions (2018).

Obi, ‘Violence Against persons (prohibition)Act (2015) : Advancing Legal Protection of women’.

WEBSITE

https://en.wikipedia.org < accessed on 12^th November, 2025>

Nigeria unfpa.org <accessed on 13^th November, 2025>

[1] Black’s Law Dictionary (10^th edn.)

[2] https://en.wikipedia.org , accessed on 12^th November,2025.

[3] National Bureau of Statistics, (2018) DV survey report.

[4] Nigeria.unfpa.org

[5] The Constitution of the Federal Republic of Nigeria, 1999

[6] Ibid

[7] Ibid

[8] Ibid

[9] Ibid

[10] Violence against Persons (Prohibition) ACT, 2015.

[11] Ibid

[12] Child Right Act,2003

[13] Criminal code Act Cap C38

[14] Penal Code Act Cap 89

[15] Universal Declaration of Human Rights,1948

[16] ECW/CCJ/APP/26/15 WARDC QIHRDA

[17] (2098)17NWLR (pt.117)484

[18] (1997)9 NWLR (pt.512)283

[19] (2001)4NWLR (pt.704)588

[20] https://en. Wikipedia.org