Women’s Rights and Gender-Based Violence: Legal Reforms Needed in Nigeria by Sunday Grace

Gender-based violence (GBV) refers to harm inflicted on an individual due to their sex or gender. It involves using violence, coercion, threats, deception, cultural pressures, or economic control to force someone into actions against their will. It can take various forms, including physical, emotional, and psychological abuse. Examples range from acts of domestic violence such as battery, beatings, torture, acid attacks, to sexual violence, socioeconomic abuse, and harmful practices like female genital mutilation.

The Entrenched Nature of Domestic Violence

In Nigeria, domestic violence remains disturbingly normalized. Many victims rationalize abuse, perceiving it as a misguided expression of love. Poverty and economic dependence on male perpetrators often force victims to endure abuse in silence, fearing the loss of financial support. Even when cases are reported, they are often dismissed by law enforcement as “private matters,” reinforcing a cycle of abuse and neglect.

Scope of Gender-Based Violence in Nigeria

The scope of GBV in Nigeria is nothing short of alarming. According to Amnesty International, Nigerian women face daily threats of violence, including beatings, rape, and even murder, frequently perpetrated by family members. Disturbingly, these tragic acts are often excused or tolerated within communities, with husbands, partners, and fathers being the primary offenders.

Further highlighting this issue, according to the 2013 Nigerian Demographic and Health Survey, one in three Nigerian women has endured physical violence by the age of 15, including forced marriages as well as physical, mental, and sexual abuse.

While gender-based violence affects both men and women, deeply rooted gender discriminatory norms and the patriarchal structure of Nigerian society contribute significantly to the disproportionate impact of violence on women and girls.

Current Legal Frameworks and Their Shortcomings

1. Constitution
Section 34(1)(a) of the 1999 Constitution of Nigeria (as amended) guarantees the right to dignity, stating that no individual shall be subjected to torture, inhuman, or degrading treatment. As such, many discriminatory practices against women in Nigeria violate this constitutional right. Additionally, Section 42 prohibits discrimination based on ethnicity, place of origin, sex, religion, or political opinion. However, the Constitution does not fully address the extent to which gender-based violence (GBV) should be prevented, leaving gaps in its protection and enforcement.

2. Violence Against Persons (Prohibition) Act 2015
The Violence Against Persons (Prohibition) Act (VAPP) is Nigeria’s most comprehensive legislation addressing gender-based violence (GBV). However, its current applicability is restricted to the Federal Capital Territory (FCT), leaving millions of women in other states vulnerable unless their states domesticate the law.

The Act defines violence broadly as “any act or attempted act, which causes or may cause any person physical, sexual, psychological, verbal, emotional, or economic harm, whether this occurs in private or public life, in peacetime or conflict situations.” This expansive definition encapsulates the various forms that violence could take. Importantly, the VAPP Act introduces a gender-neutral and inclusive definition of rape and provides for both criminal sanctions and compensation for victims.

Despite its strengths, the Act’s limited scope undermines its relevance in the nationwide fight against violence against women. However, its potential for impact remains significant if states across Nigeria adopt and implement its provisions.

3. Criminal and Penal Codes
Nigeria’s legal system uses the Criminal Code in the south and the Penal Code in the north. While these laws address general crimes, they are outdated and inadequate in addressing modern forms of gender-based violence (GBV), leaving many gaps in protecting women’s rights.

One significant shortcoming is the failure to recognize marital rape as a crime. Both codes perpetuate the harmful belief that consent within marriage is automatic and irrevocable. Section 6 of the Criminal Code, applicable in southern Nigeria, explicitly excludes sexual acts within marriage from the definition of unlawful carnal knowledge, shielding husbands from prosecution for raping their wives. Similarly, Section 282(2) of the Penal Code, used in northern Nigeria, excludes marital relations from the definition of rape, regardless of the wife’s lack of consent.

Another issue is the unequal treatment of indecent assault based on gender. Section 360 of the Criminal Code classifies the indecent assault of women as a misdemeanour, punishable by a maximum of two years in prison. In contrast, Section 353 treats the indecent assault of men as a felony, carrying a harsher three-year prison term. This disparity highlights the bias in the legal framework.

Additionally, the Penal Code further legitimizes certain forms of domestic violence. Section 55(1)(d) allows a husband to “correct” his wife if the act does not cause grievous harm. This provision has the effect of condoning domestic abuse and undermining women’s rights.

Both codes also lack clear definitions of critical concepts like consent, coercion, and exploitation, leading to inconsistent interpretations by law enforcement and the judiciary. This ambiguity often results in inadequate legal remedies for victims.

Reforming the Criminal and Penal Codes is crucial to bridging these gaps. Discriminatory provisions must be abolished, and the laws updated to address contemporary forms of gender-based violence (GBV).

4. Child’s Right Act 2003
The Child Rights Act 2003 was enacted to protect children from harmful practices such as early marriage and female genital mutilation (FGM). Section 21 of the Act specifically prohibits the betrothal and marriage of children under 18, while Section 15 provides clear protection against harmful traditional practices such as FGM.

However, the implementation of the Act is hindered by the failure of several northern states to domesticate it. While the law is a national statute, it is not binding in all regions, leaving significant gaps in child protection. In states where the Act has not been adopted, practices such as early marriage and FGM continue unchecked. Section 1 of the Act mandates that every state must pass the law for it to be fully applicable, but many northern states, citing cultural or religious reasons, have yet to enforce it, allowing these harmful practices to persist.

Other Instances of Discrimination in Nigerian Law

Several legal frameworks in Nigeria continue to perpetuate gender-based discrimination, restricting women’s rights in the workplace. For example, Section 55 of the Labour Act provides:”

Subject to subsection (2) of this section, no woman shall be employed on night work in a public or private industrial undertaking or in any branch thereof.(2) Subsection (1) of this section shall not apply to:(a) Women employed as nurses or in any other capacity connected with health services; or

(b) Any other description of women who may by order be exempted by the Minister.”

This provision defines “night work” as employment between 10 PM and 5 AM. While originally intended to protect women from unsafe working conditions, it reinforces outdated gender roles, limiting women’s economic opportunities in industries where night shifts are essential.

Similarly, Section 56 of the Labour Act restricts women from working in underground mines:

“No woman shall be employed on underground work in any mine, except those holding positions of management who do not perform manual labour, women employed in health and welfare services, or those undergoing training.”

Although these provisions were designed as protective measures, they now hinder women’s access to lucrative jobs in industrial and mining sectors.

The Nigerian Drug Law Enforcement Agency (NDLEA) Act also contains discriminatory provisions. Under Article 5(1) of the NDLEA Order, 2002, female applicants are required to be unmarried at the time of entry and remain unmarried for a minimum of two years after enlistment. This requirement imposes unnecessary restrictions on women’s autonomy.

Additionally, the Police Act imposes further barriers for female officers. Section 124 mandates that a female police officer seeking to marry must first obtain written permission from the Commissioner of Police, providing details about her intended spouse. Furthermore, Section 127 of the Police Act bars married women from seeking enlistment in the Nigerian Police Force. These provisions reveal an underlying bias against married women in law enforcement.

Legal Reforms Needed

To address the gaps in Nigeria’s response to GBV, the following legal reforms are essential:

1. Nationwide Domestication and Harmonization of Laws
For gender-based violence (GBV) to be effectively addressed across Nigeria, it is necessary that all states domesticate the Violence Against Persons (Prohibition) Act (VAPP) and the Child Rights Act. While these laws have been enacted at the federal level, their impact remains limited in states that have not adopted them. By ensuring that all states enforce these laws, Nigeria can guarantee uniform protection for women and children, irrespective of their location.

Additionally, the existing legal frameworks, which are outdated and insufficient in addressing modern forms of GBV, must be revised to incorporate provisions that safeguard the rights of women and children.

2. Recognition of Marital Rape
One of the most significant gaps in Nigeria’s legal system is the failure to recognize marital rape as a crime. The current legal frameworks, including the Criminal and Penal Codes, fail to provide adequate protection for women within marriages. The misplaced belief is that consent is implicit within marriage, leaving women vulnerable to abuse.

To address this, it is essential that Nigerian law explicitly criminalizes marital rape. Doing this would ensure that women are protected from sexual violence in their homes and send a clear message that abuse in any form, including within marriage, is unacceptable.

3. Enhancing Access to Justice
Access to justice is a critical element in addressing gender-based violence (GBV) in Nigeria. One key step in improving this access is expanding legal aid services, particularly in rural communities. Many women in these areas face significant barriers to seeking legal redress due to lack of awareness, resources, and legal representation. By increasing the availability of legal aid, women in these communities will have a better chance of accessing justice and holding perpetrators accountable.

Additionally, it is vital that victim support services, such as shelters and counselling centres, are adequately funded and made accessible to those in need.

4. Stronger Enforcement Mechanisms
There is a pressing need for stronger penalties and more effective enforcement channels to combat gender-based violence (GBV). Currently, many perpetrators of GBV are not deterred by weak or inconsistent sentencing. To address this, mandatory sentencing guidelines for GBV offenses should be introduced to ensure that perpetrators face appropriate and consistent punishment. It is also necessary to have more effective enforcement channels within the criminal justice system.