Abstract

Domestic violence transcends natural frontiers and has been condemned in legal instruments produced at both local and international institutions in which Nigeria has participated. The root causes are varied and include inter alia the socio-economic position of the genders.

 In the case of Gonzales (cotton field) v Mexico The inter –American court of Human Rights held the state was responsible for several violations of the American Convention on Human Rights and the inter-American convention on the protection, Punishment, and eradication of violence Against women for failing to protect the lives of three young women who were victims of violence. The basis for the ultimate attribution of responsibility of a state for private acts relies on states' failure to comply with the duty to ensure human rights protection.

 However, this paper focuses on domestic violence in Nigeria, the law governing it, the loopholes in the laws, and the vibrant steps aimed at dealing with these loopholes. Domestic violence is common in Nigeria and hardly a week goes by without a report of abuse. Sadly, not all the states in Nigeria have laws that deal with domestic abuse. This calls for awareness on the part of the government, lawmakers, and the general public to put a lasting solution to domestic violence and protect the victims.

Introduction

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.

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.

What is Domestic Violence?

According to United Nations, domestic 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 which could be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person.

Also, section 18(g) of Lagos State Domestic violence Law defines domestic violence to include physical abuse, sexual abuse exploitation including but not limited to rape, incest, and sexual assault; starvation; emotional, verbal, and psychological abuse; economic abuse and exploitation; denial of basic education; intimidation; harassment; stalking; hazardous attack including acid both with offensive or poisonous substance; damage to property; entry into the complaint’s residence without consent where the parties do not share the same residence; or any controlling or abusive behavior towards a complainant, where such conduct harms or may cause imminent harm to the safety, health or well-being of the complainant; deprivation against any person.

Types of Domestic Violence

From the definitions above, it appears that domestic violence can take different forms, some of which include:

(a) Physical Abuse: This can also be referred to as physical assault or physical violence. It is any intentional act causing injury or trauma to another person. It could be as a result of hitting, kicking, beating or using any type of physical force.

(b)  Psychological Abuse: This is also called emotional or verbal abuse. This is a pattern of degrading or humiliating conduct towards a complainant. It is an intentional infliction of anguish, distress, or intimidation through verbal or non-verbal acts or denial of civil rights. This includes repeated insults, ridicule, or name-calling as to cause emotional pain; repeated threats to cause emotional pain; or the repeated exhibition of obsessive possessiveness or jealousy which constitute a serious invasion of the complainant’s privacy, liberty, integrity, or security. Studies have shown that this type of abuse can also contribute to low self-esteem, anxiety, and depression.

(c) Sexual Abuse: This is abusive sexual behavior by one person upon another. It is often perpetrated using force or by taking advantage of another. It could take the form of sexual assault, rape, or unwanted touching.

(d)  Economic Abuse: It can also be termed as financial abuse. This is the unreasonable deprivation of economic or financial resources to which a complainant is entitled under the law or which the complainant requires out of necessity. It is a form of abuse when one intimate partner has control over the other partner’s access to economic resources, which diminishes the victim’s capacity to support themselves and forces them to depend on the perpetrator financially. This includes household necessities for the complainant, mortgage bond repayments or payment of rent in respect of the shared residence: or the unreasonably disposal or seizure of household effects or other property in which the complainant has an interest including any equitable or legal interest.

 The Magnitude of Domestic Violence in Nigeria.

 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%.

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, O.C. Ezechi et al. in their 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 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%.

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. According to Sage Journal publication, a total of 48 victims of domestic violence were identified in Nigeria and 10.4% were males. Also, in 2009, Paul O Dieneye et al. in their article recorded 0.0023% of married male victims of domestic violence in Nigeria.

 The Role of Culture in Domestic Violence in Nigeria

Apparently, Nigeria's customary laws have little solution to the growing problem of domestic violence. The typical culturally infused Nigerian customary laws encourage the perpetuation of cultures that tolerate violence against women, child marriage, female genital mutilation, harmful widow treatment, and inheritance processes. Some cultures also are poorly structured in providing adequate justice for victims of domestic violence. The Nigeria Demographic survey and Health Survey indicated significant ethnic differences with Igbo women more likely to have experienced sexual and emotional violence compared with Yoruba women. Hausa women were however significantly less likely to have experienced physical and sexual violence but not emotional violence compares to Yoruba women.

Ethnicity is an important proxy of cultural factors affecting cultural violence since it encompasses values and norms that govern behavioral and psychological levels of women’s participation in decision-making and power relation to households and at community levels. The case of the Nigerian Monarch (the embattled Deji of Akure) ushered in a new era of awareness of domestic violence in many cultures in Nigeria, the sight of Mrs. Olori Bolade Adeshina, with apparent blistered skin from chemical substance and the reported marks of physical brutality through public flogging alarmed every Nigerian locality. These brutal acts of domestic violence allegedly came through her husband, the deposed and disgraced King of Akure, Oluwadare Adepoju Adeshina, the Osupa 111. At the time of this grave abuse, the king was reportedly having his contingency of police guards around him. The police reportedly saw the matter as a private affair between husband and wife.

The subordination of women can be associated with practices based on persistent socially-dominant gender stereotypes, a situation that is exacerbated when the stereotypes are reflected, implicitly or explicitly, in policies and practices and, particularly, in the reasoning and language of the judicial police authorities. The creation and use of stereotypes become one of the causes and consequences of gender-based violence against women.

Victims are not often unwilling to report incidents of domestic violence nor are they willing to take action in the civil courts. When witnessed by members of the family, such witnesses are often partial or refuse to testify because of their relationship with one or more of the parties.

Effects of Domestic violence

It is well known that domestic violence can cause post-traumatic disorder (PTSD) and depression. Domestic abuse has a significant effect on health and public health consequences. Domestic sufferers are at higher risk of facing discrimination in securing any form of insurance, including health, life, disability, and property insurance. Victims of domestic violence are more likely experiences troubles raising their children and suffer family destruction as well. Victims of intimate violence are vulnerable to developing depression, anxiety, and substance abuse disorder. Domestic partners put the children of the couple at risk for lower intellectual functioning, being victims of child abuse as children, and intimate partner violence as adults. This form of family violence also put children at higher risk of having emotional problems and engaging in drug abuse. Domestic violence results in homicide, victims who live in a household where a weapon is present and drugs are used, have a greater rate of being killed by their abuser.

Statutory framework against Domestic Violence in Nigeria and their limitations

Laws against domestic abuse are essential in the effort to protect battered men and women from abuse. Despite the alarming rate of domestic violence in Nigeria, domestic violence does not fall within the exclusive legislative list of the National Assembly under the 1999 Constitution as amended. However, it comes within the confines of the legislative competence of states.

The Judicial ineffectiveness when dealing with individual cases of violence against women encourages an environment of impunity that facilitates and promotes the repetition of acts of violence in general and sends a message that violence against women is tolerated and accepted as part of daily life.

The legal battle has further been weakened by some statutory provisions which appear to support components of domestic violence. A typical example is Section 55(1) of the Penal Code (applicable in Northern Nigeria) under which the beating of a wife for the purpose of correction is deemed legal. The deep cultural belief system further initiates and sustains the prevalence of domestic violence in Nigeria.

Also, domestic violence may be dealt with under civil proceedings, although the law in most states prohibits action in tort between husband and wife as a means of preserving matrimonial peace, such actions are now permissible in appropriate cases in some states. The possibility also exists for the grant of a decree of divorce or judicial separation on the fact that since the marriage, the respondent has behaved in such a way that the petitioner cannot reasonably expect to live with the respondent. 

Nevertheless, there have been some attempts in various states to provide some legislative framework for protection against domestic violence. But these laws are essentially lacking in providing full remedies such as the provision of prompt and safe housing for victims, ensuring sustained policy implementation, financial security, and public awareness.

These laws include:

1. Violence Against person prohibition Act 2015: this law is only applicable in FCT Abuja, some States which include; Anambra, Bauchi, Enugu, Kaduna, and Oyo states have also passed it into their law.

2. Protection against Domestic violence Law (PADVL): the law is only applicable in Lagos State.

3. Ekiti state Gender Base Violence Law

4. The Ebonyi State Protection Against Domestic Violence Law, 2007

5. The Cross River Domestic Violence and Maltreatment of Widows’ Prohibition Law, 2014.

We shall briefly examine some of the key provisions in each of the above Laws.

Violence Against Persons Prohibition Law (applicable in Abuja)

Some states which include Anambra, Bauchi, Enugu, Kaduna, and Oyo states have also domesticated the law into their state law.

The Law covers domestic violence ranging from depriving a person of his or her liberty, damage to property with the intention to cause distress, forced financial economic abuse, forced isolation or separation from family and friends, verbal and psychological abuse, abandonment of spouse, children, and other dependents without sustenance, stalking and attack with a harmful substance.

 Section 41(1) of the Law also embodied that:

‘the appropriate government ministry to appoint appropriate such number of protection officers in each area council as it may be necessary to assist the court in the discharge of his duties and to coordinate the activities of the police.’

Section 44 of the law also provides thus:

The law empowers the National Agency for the Prohibition of Trafficking in Persons and other related matters (NAPTIP) as a regulatory body mandated to administer the provision of the law and collaborate with the appropriate stakeholders including faith-based organizations

Section 45 (2) also went further to say that:

 ‘The provision of the law shall supersede any other provision on similar offenses in criminal code and penal code, criminal procedure code, and any other law or regulation’.

Lagos State Protection against Domestic Violence Law.

The Law of Lagos State is more detailed and encompassing because it addresses any victim of domestic violence be it women, men, or children, and also it caters to both married couples and unmarried. Section 1 of the Law provides that:

‘As from the commencement of the act no person shall commit any act of domestic violence against any person’.

The Law also extensively in section 18(1),(j) provides an elaborate definition of domestic violence to include:

Abuse, sexual abuse, exploitation not limited to rape, incest, sexual assault, starvation, emotional, verbal, physiological abuse, repeated insults, ridicule, name-calling, repeat threat to cause emotional pain, or repeated exhibition of jealousy, which constitute a serious invasion of complainant privacy, liberty or security.

It also empowers a victim of abuse to seek for a protection order in the High Court or Magistrate Court. This can be filed by the complainant or any person with his consent who has an interest in the well-being of the complainant including a counselor, health services provider, member of the Nigerian Police force, social worker, organization, or teacher. 

Section 2 of the law also provides that:

‘Other person may apply without the complainant's consent where the complainant is a minor, mentally retarded, unconscious, incapable to consent for fear of refusal or a person whom the court is satisfied is unable to provide the required consent’.

By the provision of section 2 (5)

Application for domestic violence will be filed along with an affidavit and be submitted to a court registrar who must within 72 hours submit the same to the court. However, where the complainant may suffer hardship if the application is not dealt with immediately, it has to be brought to a judge in the chamber.

After the application has been lodged to the court registrar, the court will issue an interim order of protection against the respondent pending when he will show cause on the next adjourned date.

The law also provides a duty to assist victims at the scene of Domestic violence Section 3 provides thus:

Notwithstanding the provision of any other law, the application may be brought on behalf of the complainant by any other person; including a counselor, health service provider, member of the Nigeria police force, social worker, organization, or teacher, who has an interest in the well being of the complainant except in circumstances where the complainant is a minor, mentally retarded, unconscious, incapable to consent for fear of refusal or a person; whom the court is satisfied unable to provide the required consent.

Ekiti State Gender-Based Violence (Prohibition) Law

The law is a hybrid between the laws of Lagos State and the Violence against Persons Prohibition Act 2015 applicable to the Federal Capital Territory. It extensively covers violence against all genders. Gender-based violence was defined as violence that affects a person or group of persons disproportionately because of their sex; any act that inflicts physical, mental, and sexual harm or suffering; threats of such acts, coercion, and other deprivation of liberty; all acts of violence with impair or nullify the enjoyment of human rights and fundamental freedoms under general international law or human rights convection as discrimination. section 2(b) provides a list of acts regarded as gender-based violence ranging from physical abuse to rape, sexual assault, and violence against women.

Section 3(1) of the law provides that:

A person who willfully causes or inflicts physical injury on another person using any weapon, substance, or object, commits an offense and is liable on conviction to a minimum of two years imprisonment or a fine not less than #200,000( Two Hundred thousand Naira) or both.

Section 3 (2) of the law also provides:

‘A person who attempts to commit an act of violence provided in subsection 1 of this section commits an offense and he is liable on conviction to a minimum of one-year imprisonment and a fine not less than 100,00 or both.’

Section 3 (3) also goes further:

‘A person who incites, aides, abates or counsels another person to commit the act of violence provided in section 1(1) commit an offense and is liable to a conviction to a minimum of one year imprison or to a fine not less than #100,000 (One Hundred Thousand Naira) or both.’

Section 4 also provides thus:

‘A person who coerces another to engage in any act to the detriment of that other person's physical or psychological well-being commit an offense and he is liable on conviction to a term of imprisonment of three years’.

Section 10 also prohibits any person who ejects their spouse from their matrimonial home.

A person who forcefully evict his or her spouse from his or her own or refuse him or her access commit an offense and is liable on conviction to a term of imprisonment for three months or to a fine of 100,000 in the first instance or a term of six months imprisonment or a fine of 200,000 or both in other instance.

The law provides for the establishment of a specialized court known as the Gender court in at least 3 Senatorial Districts of the state to hear cases of Gender-Based violence. The law also provides the rights of victims in addition to the guarantee of the right under chapter iv of the 1999 constitution as amended and other international human rights.

There was a welcome development in the law where a person who has been convicted of a sexual offense shall have his or her name registered in the sexual offenders Register kept at the office of the Attorney General and Commissioner for Justice of the States.

The law also extensively provide that the Attorney general and commissioner for justice on the advice of the commissioner for woman's affairs and social development, may make regulation to provide funds necessary for the law; prescribed the training of the police and court officials on Gender-based violence in consolidation with relevant institutions; provide for education and counseling of the victims and perpetrator of Gender-based violence; provide for education and counseling in a domestic relationship; prescribe shelter for victims in consolation with relevant institutions; provide for the enhancement of social welfare service for the victims, provide the modalities for the provision of free medical treatment for the victims; provide financial assistance to the victim Gender-based violence in case of the imprisonment of a spouse and provide effective implementation of the law.

The law also goes further for the provision of a Gender-based violence support fund, the proceed of which shall be applied towards basic materials support of victims of gender-based violence and for caring for affected dependents of Gender-Based Violence.

Ebonyi State Domestic Violence and Related Matters Law.

The Ebonyi State also adopted the same approach criminalizing domestic violence as Cross River State, the male victims of abuse were also left out, and however, section 4(2) of the law allows victims of domestic abuse to apply to Magistrate court for a protection order.

Also, section 5 of the law provides;

Any police officer or social worker who is at the scene of the violence or learn about the incident is obliged to assist the victim by using reasonable force to rescue the victim, making arrangement for the victim to find suitable accommodation, directing the victim to obtain Medical treatment and arresting the offender.

Section 7 also goes further:

In cases of a repeated incident of domestic violence against a particular victim or if unduly hardship may be suffered by the victim if a protection order is not made the court will on the application by the victim, notwithstanding that the respondent is not served notice of proceedings, issue protection against the respondent on such term and conditions as deems appropriate.

The Cross River State Domestic Violence and Maltreatment of Widows(Prohibition) Law.

The law limits its operation to women and it criminalizes domestic violence by providing that:

‘Any person who subjects any woman to any form of unwholesome treatment or domestic violence commits an offense punishable by imprisonment and fine’.

What happens to men that are suffering from domestic violence? Although women suffer domestic violence most, that doesn’t preclude the fact that men also suffer domestic violence and this law can be said to be discriminatory against men.

Also, the law provides a restricted definition of domestic violence to cover any ‘abusive use of physical force or energy to cause damage or injury to a woman at home, in the house or any other place’.

With the above definition of domestic violence, it excludes other forms of abuse like emotional abuse, sexual abuse, intimidation and isolation, verbal abuse: coercion, threats, blame, using male privilege, and economic abuse.

Conclusion and Recommendations

The role of society, cultural influence, and parental guidance cannot be over-emphasized in the curbing of domestic violence in our nation. A cultural reorientation that encourages mutual respect and preservation of human rights of all ages and genders will go a long way in curbing domestic violence. Cultural marital institutions should promote respect and dignity in marital settings and judicial conflict resolution that satisfies all.

The importance of a nationwide political will and determination to be demonstrated by all arms of the government in eradicating domestic violence. This involves adequate financing, mass education and promotion of human rights, female education, and nationwide public orientation against domestic violence.

The role of lawmakers in putting in place effective, generalizing, and updated laws and reforms to combat domestic violence on all fronts to permeate the prevention, legislation, protection, punishment, and rehabilitation in cases of domestic violence is very important.

The inclusion of housing schemes for the victim of domestic violence as a joint residence may not always provide effective protection for the victims. For instance, in the United Kingdom, section 75 of the United Kingdom Housing Act 1996 provides thus: a local authority is obliged to provide accommodation for certain categories of persons whom the law deems to be homeless and pursuant to section 177, victims of domestic violence fall under this category, also in United State, the Haven residential program provides a shelter for victims of domestic, sexual violence and their children.

Also, life-skill classes empower survivors with skills that strive towards self-sufficiency and establishing an Independent stable life away from the Abuser. These may include helping victims in building healthy relationships and self-esteem and assisting with their job.

Getting and keeping the victim of domestic violence safe is an essential part of treating domestic abuse. Many legal and mental health professionals who work with victims recommended the development of safety plans both at home and in the workplace. Such a plan includes encouraging the victims to keep a charged cell phone in their possession at all times, maintaining active peace, and protective or restraining order against the barterer. keeping a copy of the restraining order at all-time along with disturbing copies of the order with the victim’s supervisor, workplace reception area, and security, as well as to schools and daycare providers for children. Another good approach to treating the domestic abuse family is the Duluth Model, it is called the Domestic abuse intervention project and focuses on the woman as the victim and men as the perpetrator of intimate partner violence. This treatment model takes the approach of empowering women by providing them with information, resources, and support which significantly decreases victims’ life over time. It also uses legal resources as means of keeping women safe and holding males who engaged in battering for their actions. For couples with alcoholism or excessive alcohol uses and issues diagnosis of that illness and marital therapy that has alcoholism as a focus have also been found to be effective.

Morohunfola Aisha is a senior Legal Counsel , an Advocate against Domestic Violence and Climate Change Advocate.