COMBATING THE HURDLES OF PROSECUTING THE OFFENCE OF SEXUAL SLAVERY AMID INSURGENCY IN NIGERIA
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upload
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Abstract
Sexual slavery has emerged as a critical human rights issue within the broader context of insurgency in Nigeria, particularly in the northeastern region where Boko Haram and other armed groups have operated with relative impunity. The use of sexual slavery by insurgents is not incidental but systematic and strategic. Women and girls are abducted, held against their will, and subjected to repeated sexual violence, forced marriages, and domestic servitude. These actions amount to crimes under both Nigerian law and international humanitarian and human rights law. Despite this, the prosecution of perpetrators remains limited due to a range of legal, institutional, and socio-cultural hurdles. This study examines the intersection between sexual slavery and insurgency in Nigeria, with a focus on the barriers to effective prosecution. It identifies key legal and procedural gaps in Nigerian criminal law, including the lack of explicit provisions for prosecuting sexual slavery as a distinct crime and the inadequacy of victim protection mechanisms during legal proceedings. This study also explores the challenges posed by insecurity in conflict zones, lack of forensic infrastructure, poor case documentation, and limited capacity of law enforcement to gather evidence or secure witness testimony. These problems are compounded by political interference, corruption, and the prevailing stigma faced by survivors, which discourages reporting and cooperation with legal authorities. This study evaluates existing domestic and international legal frameworks, including the Nigerian Criminal Code, the Violence Against Persons (Prohibition) Act of 2015, and Nigeria’s obligations under international instruments such as the Rome Statute of the International Criminal Court and the Convention on the Elimination of All Forms of Discrimination Against Women. While these instruments provide a foundation for prosecution, implementation remains weak due to gaps in domestic incorporation and enforcement. The study argues for urgent legal reform, improved institutional coordination, and the development of survivor-centered justice mechanisms. It also recommends the establishment of specialized investigative and prosecutorial units trained in conflict-related sexual violence. Addressing these barriers is essential to breaking the cycle of impunity, ensuring justice for victims, and restoring public trust in the legal system. Without concrete prosecutorial outcomes, efforts to combat insurgency and promote long-term peace and security in Nigeria will remain incomplete.
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