Violence against women and girls is one of the most widespread, persistent, and devastating human rights violations in the world.
Recent figures have shown that Nigeria is not left out. 78 cases of violence against women have been reported this year.
In October, DOHS Cares Foundation, a leading organization that cares for vulnerable women and children, tweeted that one Ugo Chima was hit by her husband with a rod which led to her death in Ebonyi State.
Also, a report by Amnesty International reveals that in 2023, 24,720 reported cases of sexual and gender-based violence, including 975 deaths.
Yet, these numbers are likely only a fraction of the reality, given the societal stigma surrounding such incidents.
This widespread violence highlights a pressing question: what legal frameworks exist to protect Nigerian women and girls from gender-based violence?
Do you know what the laws say about violence against women and girls in Nigeria?
Definition of Violence Against Women
According to The United Nations Declaration on the Elimination of Violence Against Women, violence against women “Is a manifestation of historically unequal power relations between men and women.”
It is also defined as “Any act of gender-based violence that results in, or is likely to result in, physical, sexual, or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.”
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Types of Violence Against Women
The forms of violence that Nigerian women and girls face are diverse. Some of the primary types of gender-based violence are:
1. Domestic Violence: This is often committed by an intimate partner. It includes physical assault, sexual violence, emotional abuse, and coercive control.
2. Sexual Violence: This is used to describe all forms of sexual abuse and exploitation. This type of violence includes rape, sexual harassment, and exploitation.
It is pervasive in schools, workplaces, and public spaces, where perpetrators are often people in positions of authority.
3. Harmful Traditional Practices: Certain cultural practices continue to expose women to harm. Female genital mutilation (FGM), forced child marriages, and widow inheritance are examples of customs that infringe on women’s autonomy and human rights.
Nigeria is among the countries with the highest prevalence of FGM, despite legislation outlawing the practice.
4. Human Trafficking: Nigerian women and girls are frequently targeted by human traffickers for exploitation in domestic servitude, forced marriage, and commercial sexual activities.
5. Emotional and Psychological Abuse: This form of abuse is less visible but no less devastating. It includes constant verbal abuse, intimidation, humiliation, and threats, leaving long-lasting psychological scars
6. Online or Digital Violence: Any act of violence against a woman that is carried out, aided, or made worse by the use of information and communication technology (ICT) such as mobile phones. This includes cyberbullying, non-consensual sexting and doxing.
Legal Frameworks Protecting Women in Nigeria
Violence Against Persons (Prohibition) Act of 2015
The Violence Against Persons (Prohibition) Act of 2015, commonly known as VAPP, is one of Nigeria’s most comprehensive laws addressing GBV.
This was signed into law by former president Goodluck Jonathan in 2015 to prohibit female circumcision and harmful widowhood practices.
It also prohibits abandonment of spouse, children without sustenance, wife battery, sexual harassment, rape and harmful traditional practices.
Domestic Violence: Physical Violence
Under Section 19 (1) of this Act, physically harming or battering one’s spouse is considered a criminal offence.
The perpetrator faces penalties of up to three years imprisonment, a fine of up to ₦200,000, or a combination of both If found guilty,
In addition, the Act imposes a maximum 1-year prison term and N200,000 fine on individuals promoting or assisting violence.
Sexual Violence: Rape and Incest
Rape is forceful penetration into another’s vagina, anus, mouth, or body part, as defined in Section 1(1) of the VAAP Act.
In Section 2, the Act states a person convicted under Section 1 is liable to life imprisonment, except in specified cases:
- where the offender is less than 14 years old, the offender is liable to a maximum of 14 years imprisonment
- in all other cases, to a minimum of 12 years imprisonment without any fine
- when a group does the rape, all are liable to a minimum of 20 years imprisonment without a fine.
The act further states in Section 26 that anyone who is found guilty of incest shall be imprisoned for 10 years with a fine (a).
However, in cases where the two parties consent to incest, there should be five years imprisonment without a fine (b).
A report by Partners West Africa Nigeria reveals not all the states in Nigeria have applied this, noting that Lagos, Ekiti, Rivers, Bornu, Akwa Ibom, Plateau, Ebonyi, Bayelsa, Oyo, Kaduna, and Enugu have harmonised VAPP into their laws.
Child Rights Act of 2003
The Child Rights Act 2003 is more specific to Nigerian children, unlike the VAPP.
It aims to protect the rights of children, including young girls who may be at risk of forced marriage, exploitation, and violence.
The CRA prohibits child marriage and mandates the rights of children to be free from abuse and neglect.
The following are prohibited in Section 22 of the Act:
(1) No parent, guardian or any other person shall betroth a child to any person.
(2) A marriage in contravention of subsection (1) of this section is null and void.
Section 23 prohibits child marriage, matrimony, and related activities, making them punishable offenses.
A fine of ₦500,000, imprisonment for up to five years, or both is certain for anyone convicted for any of these acts.
Sexual Intercourse with a Child
Section 31 (1) of this CRA states that it is unlawful to have sexual intercourse with a child.
It also states that anyone who commits an offence of rape is liable on conviction to life imprisonment. (2)
Section 31 prohibits using a child’s mistaken age or consent as a defense.
The Act further identifies that any form of sexual abuse or exploitation of a child is a serious crime. Offenders face 14 years imprisonment. (Sections 32 and 33)
Likewise, other forms of child exploitation, harming their well-being, are also criminal offences. Convicted individuals face 5 years imprisonment, ₦500,000 fine, or both.
The Federal Republic of Nigeria Constitution of 1999
The constitution provides in Section 34 that every individual is entitled to the right to the dignity of his/her person.
It states: “No person shall be subjected to torture or inhuman or degrading treatment” (a).
Expert Speaks
Ann Grace Emmanuel, a girl child advocate, says laws against gender-based (GBV) violence are very essential to protect women and girls from harm and to ensure justice for survivors.
She said “These laws help us define what constitutes abuse, point out the punishment for offenders, and provide resources for victims like safe spaces and legal aid. They also push for prevention efforts through education and awareness to challenge harmful societal norms.
“While these laws are a positive step toward reducing violence and supporting survivors, effective implementation and enforcement are also very very important for the type of change we desire to see in the society.”
She urges the government to allocate resources to strengthen enforcement of gender-based violence laws and help survivors.
“The government needs to put in place resources that can strengthen the enforcement of gender-based violence laws to ensure that offenders are held accountable and justice is served quickly.
They also need to invest in the support systems, such as shelters, counselling, mentorship and legal aid for survivors, to help them recover fast and rebuild their lives.”
She recommended that “Public education campaigns should be expanded to change harmful mindsets and promote respect and equality. Training for law enforcement and judicial officials is also essential to handle GBV cases sensitively and effectively. The government should also help put in place consistent monitoring and evaluation of these efforts, this is to measure progress and make necessary improvements if need be.”
