The Role of Law in Tackling Sexual and Gender-Based Violence in Nigeria

“The emotional, sexual and psychological stereotyping of females begins when the doctor says it is a girl”[1]. Perhaps this extract explains the root of gender inequality and the patriarchal system of oppression prevalent in most societies. According to Joseph and Sumpton a system founded on inequality is against nature.

According to United Nations Declaration on the Elimination of Violence Against Women (1993) [2]defines Gender-Based Violence (GBV) as: “Any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological 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 World Health Organization (WHO, 2002[3]) sexual violence is “Any sexual act, attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic, or otherwise directed, against a person’s sexuality using coercion, by any person regardless of their relationship to the victim, in any setting, including but not limited to home and work.”

Sexual and gender-based violence has become a rampant societal issue which has gone to the roots of one’s identity as a whole. The act of discrimination and perceived inequality is yet to be eradicated from the society. The law itself is to be used as an instrument in tackling sexual and gender-based violence in Nigeria An illustration of the pervasiveness of gender-based violence in Nigeria, even within the highest rank of governance is the case of Senator Natasha Akpoti-Uduaghan[4]. Despite her status as an elected federal lawmaker, she was subjected to sustained harassment and sexist attacks by her male colleagues within the National Assembly in 2023 and 2024. These acts, which included verbal abuse, derogatory comments targeting her gender and attempts to belittle her contributions, reflect the deep-rooted culture of gender bias and psychological violence faced by women in positions of authority.

However, there have been cases in which the law has been effective in its implementation of justice to victims of gender and sexual based violence which can be seen in the case of Uwa Omozuwa , (2020)[5]: In May 2020, 22-year-old Vera Uwaila Omozuwa, a university student, was brutally raped and murdered inside a church in Benin City, Edo State,in August 2022, the Akwa Ibom State High Court sentenced the rapist to death by hanging for murder, and life imprisonment for rape.

However, challenges still remain in areas of prevention, investigation, victim support, and access to justice, especially in rural and under-policed area as seen in the case of Iniubong Umoren (2021)[6]: In April 2021, Iniubong Umoren, a young graduate seeking employment, was lured under false pretenses, raped, and murdered in Akwa Ibom State. Her tragic death highlights, the dangers women face, even when pursuing legitimate opportunities There are Nigerian laws that aim at tackling sexual and gender-based violence in Nigeria. These laws have been ratified in the Nigerian Legal system and are being adopted and recognized as been enforceable and liable for punishment if disobeyed.

These laws include:

THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA [7]in Chapter IV gives the fundamental human rights of a person Section33[8] provides for the right to life, section 34[9] gives the right to dignity of human person, in section 42, gives the right to freedom from all forms of discrimination. A citizen of Nigeria of a particular community ethnic group, race, place of of origin, sex shall not by reason be subjected either expressly or any law in force be restricted by basis of sex, religion or political associations.

The Violence Against Persons (Prohibition) Act (VAPPA) [10]is the most comprehensive and progressive law for addressing the silent pandemic of violence against women and girls in Nigeria. The main thrust of the VAPPA is to “eliminate violence in private and public life, prohibit all forms of violence against persons and to provide maximum protection and effective remedies for victims and punishment of offenders; and for other related matters against women or men, boys or girls occurring in private and /or public spaces.  

The African Charter on Human and Peoples Rights also known as the Banjul Charter [11]was ratified in June 22 1983. The charter seeks to protect the rights of individuals on the African Continent. Article 2 enshrines the non-discriminatory clause. In Article 18(3[12]) the state shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of women and the child as stipulated in International Conventions and Declarations.

Although Nigeria has made legal strides in addressing Gender based violence and sexual violence, significant gaps remain in enforcement and societal response. Strengthening legal enforcement, improving victim support systems, and reforming political and institutional frameworks are essential to ensure that women, regardless of their position in society, can live free from violence. To truly combat gender-based violence, a multi-faceted approach involving legal, cultural, and institutional change is needed. This change starts when we aa the people are more sensitive to the cries of our women and children and work together to make our voices heard and not be silenced by our fears and the government being able to attend to the needs of the people by combating gender based violence

Reference(S):

[1] ( Levy, J. (2020). Shirley Chisholm. Gareth Stevens Publishing)

[2] (United Nations Declaration on the Elimination of Violence Against Women)

[3] (World Health Organization. (2002). World Report on Violence and Health)

[4] (The Guardian, ‘Senator Natasha Akpoti-Uduaghan decries harassment by Senate colleagues’ (The Guardian, 9 November 2023) https://guardian.ng/news/senator-natasha-akpoti-uduaghan-decries-harassment-by-senate-colleagues accessed 1 April 2025.

[5] (Premium Times, ‘Police confirm Iniubong Umoren was raped, killed, buried in shallow grave’ (Premium Times, 2 May 2021) https://www.premiumtimesng.com/news/top-news/460858-police-confirm-iniubong-umoren-was-raped-killed-buried-in-shallow-grave.html accessed 1 April 2025)

[6] (Premium Times, ‘Police confirm Iniubong Umoren was raped, killed, buried in shallow grave’ (Premium Times, 2 May 2021) https://www.premiumtimesng.com/news/top-news/460858-police-confirm-iniubong-umoren-was-raped-killed-buried-in-shallow-grave.html accessed 1 April 2025)

[7] (Constitution of the Federal Republic of Nigeria 1999 (as amended).)

[8] (Constitution of the Federal Republic of Nigeria 1999 (as amended), Section 33)

[9] (Constitution of the Federal Republic of Nigeria (as amended) Section 34)

[10] (Violence Against Persons (Prohibition) Act 2015)

[11] (African Charter on Human and People’s Rights)

[12]  (African Charter on Human and Peoples’ Rights, Article 18(3))