In Nigeria, women in abusive marriages and relationships face significant challenges, including physical, emotional,
psychological, and financial abuse. Despite cultural and societal pressures that may discourage women from seeking help,
the Nigerian legal system provides several protections and options for women to address abuse and secure their safety.
This article explores the legal rights available to women in abusive relationships, the legal frameworks in place, and
the practical steps they can take to seek protection and justice in Nigeria.
Legal Frameworks Protecting Women in Nigeria
Nigeria’s legal system comprises statutory laws, customary laws, and religious laws, which can sometimes create complexities for
women seeking justice. However, several laws and policies explicitly protect women from abuse in marriages and relationships. Key
legal frameworks include:
1. The Violence Against Persons (Prohibition) Act, 2015 (VAPP Act)
The VAPP Act is a landmark legislation that provides comprehensive protection against various forms of violence, including domestic
abuse. It applies in the Federal Capital Territory (FCT) and states that have domesticated it, such as Lagos, Ogun, and Anambra.
Some of its key provisions include:
- Criminalising physical, emotional, psychological, and sexual abuse.
- Prohibiting acts like spousal battery, harmful traditional practices, and economic abuse.
- Providing for protection orders to restrain abusers from further contact with victims.
- Imposing penalties such as imprisonment or fines for offenders.
- Recognising the right to compensation for victims of abuse.
It is noteworthy that women in states where the VAPP Act is not yet domesticated may face challenges, as protections may be limited
to general criminal laws available in their states. Every state in Nigeria should be encouraged to domesticate this Act to guarantee
safety for its women.
2. The Constitution of the Federal Republic of Nigeria, 1999.
The Constitution guarantees fundamental human rights, including:
- The right to life (Section 33).
- The right to dignity of the human person (Section 34), which prohibits torture and inhuman or degrading treatment.
- The right to personal liberty (Section 35).
These provisions can be invoked to challenge abusive behaviour, particularly in cases of severe physical or psychological harm.
3. Criminal Code and Penal Code
In Southern Nigeria, the Criminal Code applies and criminalizes acts such as assault, grievous bodily harm, and rape (Sections 351–360)
while In Northern Nigeria, the Penal Code addresses similar offences, including causing hurt and criminal force (Sections 241–248).
Both codes provide legal grounds to prosecute abusers, though enforcement may vary due to cultural or procedural barriers.
4. Matrimonial Causes Act, 1970
This act governs divorce and separation under statutory marriages and it explicitly provides grounds for divorce to include:
- Cruelty (physical or mental).
- Intolerable behaviour that makes cohabitation impossible.
Women in abusive statutory marriages can file for divorce or judicial separation under this act.
5. State-Specific Laws
Some states have enacted laws to address domestic violence. For example:
-Lagos State Protection Against Domestic Violence Law, 2007 Provides for protection orders, counselling, and penalties for domestic violence.
- Ekiti State Gender-Based Violence (Prohibition) Law, 2011 Criminalizes various forms of gender-based violence and provides support for
victims.
6. Child’s Rights Act, 2003
For women with children, this act protects children from abuse and can be used to secure custody or protection for children in abusive
households.
7. International Treaties and Conventions
Nigeria is a signatory to international agreements that protect women’s rights, such as:
- The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
- The African Charter on Human and Peoples’ Rights, which includes protections against violence and discrimination.
These treaties can be leveraged in court to argue for women’s rights, though their enforcement depends on domestication.
Legal Rights of Women in Abusive Relationships
Women in abusive marriages or relationships in Nigeria have the following legal rights:
1. Right to Safety and Protection: Women can seek protection orders to prevent abusers from contacting or approaching them.
2. Right to Seek Redress: Victims can report abuse to law enforcement and pursue criminal charges against perpetrators.
3. Right to Divorce or Separation: Women in statutory marriages can file for divorce or judicial separation on grounds of cruelty or
intolerable behaviour as provided for in the Matrimonial Causes Act. .
4. Right to Custody and Maintenance: Women can seek custody of children and financial support for themselves and their children.
5. Right to Compensation: The VAPP Act allows victims to claim compensation for physical, emotional, or financial harm caused by abuse.
6. Right to Dignity and Freedom from Violence: Constitutional and international laws guarantee women’s right to live free from violence
and degrading treatment.
Options for Seeking Legal Protection
Women in abusive relationships in Nigeria have several options to seek legal protection and support. The options available are not limited
to what is provided in this article.
1. Reporting to Law Enforcement
Women can report abuse to the police, who are obligated to investigate and arrest perpetrators under the VAPP Act, Criminal Code, or Penal
Code. The law does not operate on emotions, the first step of emancipation from an abusive relationship is to regain confidence and emotional
strength. Documenting an abuse goes a long way when approaching the law for justice. Victims should document evidence of abuse such as
medical reports, photographs, or witness statements to strengthen their case.
Considering challenges such as police insensitivity or corruption, victims can approach specialized units like the Gender Desk or Human
Rights Desk at police stations.
2. Seeking Protection Orders
A protection order is a court-issued directive that restrains an abuser from contacting or harming the victim. It is not limited to a
restraining order, it may also include provisions for temporary relocation or financial support for the victim. Protection orders can
be obtained through a magistrate or high court under the VAPP Act or state-specific domestic violence laws. Legal aid organizations or
NGOs can assist in filing for protection orders.
3. Filing for Divorce or Separation
Women in statutory marriages can file for divorce at a High Court, citing cruelty or intolerable behaviour as grounds. For customary or
Islamic marriages, dissolution processes vary. Victims should consult legal experts familiar with customary or Sharia law for assistance.
Divorce proceedings may also address custody, maintenance, and property division.
4. Accessing Legal Aid and Support Services
Organizations like the Legal Aid Council of Nigeria provide free or subsidized legal services to indigent women most of which cannot afford
legal fees of lawyers. Non-governmental organizations (NGOs) such as the International Federation of Women Lawyers (FIDA), Women’s Aid
Collective (WACOL and Project Alert on Violence Against Women offer legal representation, counselling, and shelter services. Hotlines and
helplines, such as the Lagos State Domestic and Sexual Violence Response Team (DSVRT), provide immediate support.
5. Engaging Traditional and Community Leaders
In cases involving customary marriages, women can approach community leaders or family heads to mediate disputes or enforce separation:
CAVEAT!, women should be cautious, as some traditional systems may prioritize reconciliation over justice.
6. Shelters and Safe Houses
NGOs and state governments operate shelters for women fleeing abusive relationships. These shelters provide temporary accommodation,
counselling, and rehabilitation services.
One of our future goals at The Olanike Omopariola Foundation (TOO Foundation) is to build and operate shelters for women fleeing abusive
relationships, to provide them support, financially and emotionally and guide them in their integration process to the society. Examples
include shelters run by Project Alert and the Lagos State government.
7. Pursuing Criminal or Civil Action
Women can press criminal charges against abusers for offences like assault or rape. Civil lawsuits can be filed to claim damages for harm
suffered, such as medical expenses or emotional distress.
Challenges in Accessing Legal Protection
Despite the existence of legal protections, women in Nigeria face several challenges when seeking justice, these challenges has led some
victims to remain in the abusive relationship and some, though left the relationship, lacked the motivation to seek redress for the injustice
and violence perpetrated on them by their abusers. Speaking to a survivor recently, in her words “I just want to live in peace without
looking over my shoulders, court cases will still be linking me to him and nothing will happen at the end of the day”. This statement
is pregnant. It reflects lack of faith in the justice system.
-Cultural Stigma: Societal norms often discourage women from reporting abuse, emphasizing family unity over individual safety. A Yoruba
adage that supports this says ‘ A kíì ti ilè ejo dé s’órè’ which translates to ‘ We don't form friendships after a legal proceeding’. This
literally means all bonds are broken after a legal battle. This phrase has been used to brainwash a lot of victims and has seen many victims
come back to retract their statements and support their abusers.
- Lack of Awareness: Many women are unaware of their legal rights or the processes for seeking protection. This is a major challenge in our
society. Illiteracy has been listed as one of the factors contributing to violent behaviours. Some cases we have handled , we’ve an abuser
who has no knowledge that violence is a primitive behaviour and a victim who is completely unaware of her fundamental rights as a human and
as a woman.
- Financial Constraints: Legal proceedings can be costly, and many women lack the resources to hire lawyers.
- Weak Enforcement: Inconsistent enforcement of laws, particularly in states without domesticated VAPP Acts, limits access to justice.
- Corruption and Bias: Some law enforcement officers or judicial officials may be insensitive or demand bribes, discouraging women from
pursuing cases.
- Customary and Religious Barriers: Customary and religious laws may conflict with statutory protections, complicating legal recourse.
Practical Steps for Women in Abusive Relationships
1. Document the Abuse: Keep records of incidents, including dates, times, and evidence like medical reports or messages.
2. Seek Immediate Safety: Leave the abusive environment if possible and seek shelter with trusted family, friends, or organizations.
3. Contact Support Services: Reach out to NGOs, legal aid organizations, or hotlines for guidance and assistance.
4. Report to Authorities: File a complaint with the police or approach a court to seek a protection order.
5. Consult a Lawyer: Engage a lawyer or legal aid organization to understand your rights and pursue legal action.
6. Plan for the Future: Develop a safety plan, including financial independence and support for children, to rebuild your life.
Conclusion
Women in abusive marriages and relationships in Nigeria have legal rights and options to protect themselves and seek justice. The
VAPP Act, constitutional provisions, and state-specific laws provide a framework for addressing domestic violence, while NGOs and legal
aid organizations offer critical support. However, overcoming cultural, financial, and systemic barriers remains a challenge. By consistently
raising awareness, strengthening enforcement, and empowering women to access their rights, Nigeria can create a safer environment for women
to live free from abuse. Women are encouraged to take proactive steps, seek support, and leverage the legal system to reclaim their dignity
and safety. Listed below are some resources for support;
-FIDA Nigeria: Legal assistance for women (www.fidanigeria.org).
- Project Alert: Support for victims of violence (www.projectalertnig.org).
- Lagos DSVRT: Hotline: 08000-333-333.
- Legal Aid Council of Nigeria: Free legal services (www.legalaidcouncil.gov.ng).
