Legal Protection Against Domestic Violence in Nigeria – What Every Victim Must Know

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Legal Protection Against Domestic Violence in Nigeria
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Legal Protection Against Domestic Violence in Nigeria – What Every Victim Must Know

Table of Contents

  1. What is Domestic Violence?

  2. Types and Forms of Domestic Violence in Nigeria

  3. Cultural, Social, and Legal Barriers to Reporting Abuse

  4. Key Laws Addressing Domestic Violence in Nigeria

  5. Overview of the Violence Against Persons (Prohibition) Act, 2015 (VAPP Act)

  6. Lagos State’s Domestic and Sexual Violence Agency (DSVA)

  7. Other Relevant Laws and Provisions

  8. How to Report Domestic Violence in Nigeria

  9. Legal Procedures for Victims Seeking Protection

  10. Role of the Nigerian Police Force and Human Rights Desks

  11. How the Court Grants Protection Orders

  12. Role of NGOs, Government Agencies, and Civil Society

  13. Remedies and Compensation Available to Victims

  14. Child Custody, Shelter, and Rehabilitation Provisions

  15. Confidentiality and Safety of the Victim During Legal Process

  16. Domestic Violence in Marriage – Can You Divorce on Grounds of Abuse?

  17. Protection for Male Victims of Domestic Violence

  18. Role of Religious and Traditional Institutions

  19. How Technology Can Help Fight Domestic Abuse

  20. Common Myths About Domestic Violence and the Law

  21. Steps Victims Must Take Immediately After Abuse

  22. How to Help Someone Facing Domestic Violence

  23. Case Law and Judicial Precedents

  24. International Treaties and Nigeria’s Legal Obligations

  25. Frequently Asked Questions (FAQs)

  26. Final Thoughts and Call to Action

Introduction

Domestic violence is a silent epidemic ravaging countless homes in Nigeria. Behind closed doors, victims—mostly women and children—endure physical, emotional, psychological, economic, and sexual abuse from individuals they love and trust. In a society where cultural norms often suppress victims’ voices and trivialize their trauma, understanding the legal protections available becomes not just important—but life-saving.

In this comprehensive article, we explore what every victim must know about their legal rights, protection frameworks, reporting procedures, judicial remedies, and support systems. If you’re a victim, a survivor, a concerned family member, or an advocate, this guide equips you with vital knowledge to take action and seek justice.

1. What is Domestic Violence?

Domestic violence refers to any abusive behavior used by one partner to control or dominate another in an intimate or domestic relationship. It is not limited to physical violence—it includes verbal threats, emotional blackmail, sexual coercion, financial restrictions, isolation, and other forms of control.

In Nigeria, domestic violence is widespread but underreported due to shame, fear, or lack of awareness of legal remedies.

2. Types and Forms of Domestic Violence in Nigeria

  • Physical Abuse: Slapping, hitting, kicking, strangling, or use of weapons.

  • Emotional/Psychological Abuse: Insults, intimidation, manipulation, threats, gaslighting.

  • Sexual Abuse: Marital rape, forced sex acts, denial of reproductive rights.

  • Economic Abuse: Withholding money, restricting access to finances, sabotaging employment.

  • Verbal Abuse: Shouting, name-calling, humiliating remarks.

  • Social Abuse: Isolation from friends/family, control over movement.

3. Cultural, Social, and Legal Barriers to Reporting Abuse

Many victims in Nigeria suffer in silence due to:

  • Fear of stigma and judgment from society

  • Pressure from family or religious groups to stay married

  • Fear of retaliation or worsening abuse

  • Financial dependency on the abuser

  • Ignorance of their legal rights and options

4. Key Laws Addressing Domestic Violence in Nigeria

Nigeria’s legal framework includes both federal and state laws:

  • Violence Against Persons (Prohibition) Act, 2015 – Applicable in the FCT and adopted in many states

  • Criminal Code Act (Southern Nigeria) – Addresses assault, battery, threats, and murder

  • Penal Code (Northern Nigeria) – Penalizes similar acts but with less emphasis on gender violence

  • Child Rights Act, 2003

  • Lagos State Domestic Violence Law, 2007

  • Matrimonial Causes Act (for divorce on grounds of cruelty)

5. Overview of the Violence Against Persons (Prohibition) Act, 2015 (VAPP Act)

This Act is the most comprehensive domestic violence law in Nigeria, providing:

  • Clear definitions of abuse

  • Protection orders for victims

  • Punishments for abusers (ranging from fines to imprisonment)

  • Compensation and rehabilitation for survivors

  • Rights to privacy, dignity, and medical care

The VAPP Act has now been domesticated in over 30 states, making it the most impactful legal instrument for protecting victims.

6. Lagos State’s Domestic and Sexual Violence Agency (DSVA)

Lagos leads in state-specific initiatives. The DSVA offers:

  • Emergency help lines

  • Legal assistance

  • Counseling

  • Temporary shelter for victims

  • Court representation

Contact: 08000333333 (Toll-Free)

7. Other Relevant Laws and Provisions

  • The Nigerian Constitution – Section 34 guarantees the right to dignity.

  • Criminal Law of Lagos State – Recognizes rape within marriage.

  • Cybercrimes Act, 2015 – Protects victims of online stalking and threats.

  • Fundamental Rights Enforcement Procedure Rules (FREP) – For constitutional redress.

8. How to Report Domestic Violence in Nigeria

You can report to:

  • Police stations (preferably human rights desks)

  • State DSVA offices

  • Ministry of Women Affairs

  • Human rights NGOs

  • Legal Aid Council

  • Mobile apps and help lines (e.g., SGBV app in Lagos)

Always request a case number or incident report for follow-up.

9. Legal Procedures for Victims Seeking Protection

Steps include:

  1. Report the abuse formally

  2. File for a protection order at a Magistrate or High Court

  3. Seek temporary shelter or removal of abuser (if required)

  4. Present medical or witness evidence

  5. Request for custody of children or interim maintenance

10. Role of the Nigerian Police Force and Human Rights Desks

Human Rights Desks now exist in several police divisions, trained to:

  • Handle domestic violence cases

  • Offer trauma-informed support

  • Protect the identity of victims

  • Escort victims to hospitals or shelters

11. How the Court Grants Protection Orders

The Court may grant:

  • Interim Protection Order (IPO): Immediate short-term protection

  • Protection Order (PO): Long-term safety, no-contact directive

  • Eviction Order: Removal of abuser from the home

  • Custody Orders: To protect minors from abusive parents

12. Role of NGOs, Government Agencies, and Civil Society

Key organizations:

  • WARIF (Women at Risk International Foundation)

  • Project Alert on Violence Against Women

  • Mirabel Centre (Lagos)

  • NHRC (National Human Rights Commission)

  • FIDA (International Federation of Women Lawyers)

They provide legal aid, counseling, shelter, and social reintegration.

13. Remedies and Compensation Available to Victims

Victims may:

  • Receive monetary compensation from the abuser

  • Be awarded custody and maintenance

  • Receive free legal representation

  • Claim damages for emotional distress or injuries

14. Child Custody, Shelter, and Rehabilitation Provisions

Children involved in domestic violence cases may:

  • Be placed in the custody of the non-abusive parent

  • Receive counseling

  • Be placed under government child protection services if needed

Shelters across Lagos, Abuja, and Port Harcourt now offer safe refuge.

15. Confidentiality and Safety of the Victim During Legal Process

Under the VAPP Act:

  • Courts may sit in camera

  • Identities of victims and minors are protected

  • No publication of victim names without consent

16. Domestic Violence in Marriage – Can You Divorce on Grounds of Abuse?

Yes. Under the Matrimonial Causes Act, cruelty is a valid ground for divorce. The court may:

  • Dissolve the marriage

  • Award custody and maintenance

  • Divide property equitably

  • Order police protection for the spouse

17. Protection for Male Victims of Domestic Violence

While women are predominantly affected, men also suffer abuse. The law protects both genders. Male victims can:

  • File police reports

  • Apply for protection orders

  • Receive psychological help

18. Role of Religious and Traditional Institutions

Faith leaders can:

  • Encourage victims to speak out

  • Refer cases to legal and support systems

  • Avoid shielding abusers under the guise of “forgiveness”

  • Partner with CSOs to sensitize communities

19. How Technology Can Help Fight Domestic Abuse

  • Emergency apps with GPS and auto-alerts

  • Anonymous hotlines

  • Digital evidence storage (recordings, messages)

  • AI-powered legal aid chatbots

  • Social media for advocacy

20. Common Myths About Domestic Violence and the Law

  • Myth: “Only women can be victims.”
    Fact: Men can be victims too.

  • Myth: “You must have bruises to report abuse.”
    Fact: Emotional abuse is legally actionable.

  • Myth: “Police won’t do anything.”
    Fact: Human rights desks are now available.

21. Steps Victims Must Take Immediately After Abuse

  1. Seek safety – Leave the house if necessary.

  2. Get medical attention – Preserve evidence.

  3. Make a police report – Ask for a case reference.

  4. Contact a lawyer or NGO

  5. Apply for a protection order

22. How to Help Someone Facing Domestic Violence

  • Listen without judgment

  • Help them contact authorities or support organizations

  • Do not force them to leave until they’re ready

  • Offer safe housing or referrals

  • Remain patient and available

23. Case Law and Judicial Precedents

  • Mary Sunday v. The State (2018): A landmark case upholding the rights of a battered woman.

  • FCA v. FCA (2021): High Court awarded custody and protection order due to emotional cruelty.

Courts increasingly favor victim protection, especially when evidence is well-documented.

24. International Treaties and Nigeria’s Legal Obligations

Nigeria is a signatory to:

  • CEDAW (Convention on the Elimination of all Forms of Discrimination Against Women)

  • African Charter on Human and Peoples’ Rights

  • Maputo Protocol

These instruments obligate the state to prevent and punish domestic violence.

 Frequently Asked Questions (FAQs)

Q: Can I report my spouse for abuse without a lawyer?
Yes, police and DSVA can process reports without a lawyer.

Q: What if my abuser threatens to kill me?
Apply immediately for a protection order and request police protection.

Q: Can I withdraw a domestic violence case?
Yes, but the court may continue prosecution if it affects public interest.

Final Thoughts and Call to Action

Domestic violence is not a private family matter—it is a crime. No victim should suffer in silence. Nigeria’s legal system now provides clear pathways for victims to escape, heal, and rebuild. If you or someone you know is in danger, take action today.

Let us build a nation where every home is safe, every woman is heard, and every victim is protected under the law.

Need Help? Contact the Following:

📍 Chaman Law Firm
115, Obafemi Awolowo Way, Ikeja, Lagos
📞 0806 555 3671
📧 chamanlawfirm@gmail.com
🌐 www.chamanlawfirm.com

 

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