Domestic violence is an issue that transcends natural frontiers and knows no status or religion. And while it has been condemned in legal instruments produced at both local and international institutions in which Nigeria has participated, there seems to be little improvement despite legislations. Aisha Morohunfola, a senior legal associate and advocate against domestic violence and climate change, in a paper titled ‘Domestic violence in Nigeria: The laws and their limitations’ X-rays the varied causes including socio-economic position of the genders among other issues. YEJIDE GBENGA-OGUNDARE reports:
The issue of domestic violence in Nigeria, the law governing it, loopholes in the laws and steps aimed at dealing with these loopholes has been a major focus of discussion at major forums over the years, indeed, domestic violence is a norm in Nigeria and hardly a week goes by without a report of abuse. But in spite of this, not all the states in Nigeria have laws that deal with domestic abuse.
In a nation that has an estimated population of over 200 million people with a demographic pattern that indicates a significant proportion of women and children estimated to be about 49 per cent and 42 per cent respectively with high cases of societal menaces such as violence, insecurity, corruption, poverty and domestic violence, lack of laws in some states is not an encouraging situation and that is why calls for awareness on the part of the government, lawmakers, and the public, to put a lasting solution to domestic violence and protect the victims remains constant.
According to Morohunfola, 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.”
And as a nation, Nigeria is not left out; it has equally risen to the occasion over the decades and laws have been put in place to combat this menace. While 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.
But efforts seems not to have obvious effects due to the fact that cultural influences, public awareness, and government policy formulations geared towards stopping domestic violence have also been serious factors affecting the eradication of domestic violence.
Morohunfola said 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, adding that 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
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.
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.
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.
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.
Domestic Violence in Nigeria
Recent statistics have shown the alarming rates and increasing trend of domestic violence in Nigeria. Studies conducted in different regions in Nigeria have reported intimate partner violence (IPV) ranging from 42 per cent in the North to 29 percent in the South West, 78.8 percent in South East and 41 percent in South-South. A study commissioned by the ministry of women’s Affairs and social development and the United Nations Population Fund (UNPFA) provided that 28 percent of Nigerian women aged 25-29 have experienced some form of physical violence since age 15.
It is however 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. And according to Sage Journal publication, a total of 48 victims of domestic violence were identified in Nigeria and 10.4 percent were males.
Culture in Domestic Violence
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.
Years back, the case of a Nigerian Monarch, the Deji of Akure, represents a significant turning point in raising awareness about domestic violence in many cultures within Nigeria. The incident drew widespread attention due to the distressing and highly visible signs of abuse suffered by Olori Bolade Adeshina; her harrowing experience, characterised by apparent blistered skin resulting from chemical exposure and reported physical brutality inflicted through public flogging, sent shockwaves throughout Nigerian communities.
The alleged perpetrator of these brutal acts of domestic violence was her husband, Oluwadare Adepoju Adeshina, who was the deposed King of Akure, known as Osupa III. This grim revelation brought to light the alarming issue of domestic violence even within the highest echelons of society. The fact that such abuse took place within the confines of a royal household, with the monarch himself implicated, added a layer of gravity to the situation.
One particularly distressing aspect of this case was that, at the time of these grave abuses, the king reportedly had a contingent of police guards around him for his protection. Despite this, the police initially perceived the matter as a private affair between a husband and wife, failing to intervene or take action to protect Olori Bolade Adeshina from further harm. This failure to recognise and address domestic violence as a societal issue, rather than a private matter, highlights the broader problem of inadequate legal and social responses to such cases.
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.
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 to experience 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 puts 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.
Laws against domestic violence
There are many laws operational in Nigeria. They include Violence Against Person Prohibition Act 2015,l Protection against Domestic Violence Law (PADVL): applicable only in Lagos State, Ekiti State Gender Base Violence Law, The Ebonyi State Protection Against Domestic Violence Law, 2007, The Cross River Domestic Violence and Maltreatment of Widows’ Prohibition Law, 2014.
The Violence Against Persons Prohibition Law which has been domesticated by many states especially in the South West and South East region, 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.
Limitation to laws
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 that 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.
Nevertheless, there have been some attempts in various states to provide some legislative framework for protection against domestic violence. However, 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.
It has been established that 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.
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