THE EXISTENCE OF EFFECTIVE LAWS AND SANCTIONS AGAINST DOMESTIC VIOLENCE IN NIGERIA: A FACT OR FICTION
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Abstract
Domestic violence is a predominant issue in today’s society and laws are known to be enforced to sanction its perpetrators such as the Criminal Code, the VAPPA 2015, etc. However the effectiveness of these laws are being questioned in even today’s society as domestic violence is seen as “family issue” that is supposed to be settled within the family and not an external body or law. Thus the essence of this work is to evaluate the extant laws concerning domestic violence in Nigeria and see if these extant laws regarding it have been to ameliorate the unpleasant trend not because the laws are inadequate per se but that the
enforcement is weak. Domestic violence has a lot of issues and is to be tackled adequately, it is also known as Intimate Partner Violence/abuse, spousal abuse and family violence. Although there has not been any National Legislation on domestic violence in Nigeria sadly, however there are laws which punish these various offences ranging from rape, battery, molestation, etc. Similarly there has been laws passed as a result of agitation by individuals which tackles domestic violence directly which include; VAPPA (2015), some states have state-level domestic violence legislations, similarly even in abide to effectively enforce these laws and to respond positively to the claim by the public that the police “characteristically exhibit bias and discriminatory attitudes in their treatment of female victims of violence” which is “informed by cultural beliefs and notions which devalue and subjugate women and often blame the victim, the police is said to see domestic violence as family issue and victims are often told to settle the problem themselves or involve other family member. However some provisions of these laws encourage subtle chastisement like Section 55 of the Penal Code and thus call for the repeal of such provisions. The essence of this work, is to tackle the nonchalance and negligence by the body who are expected to enforce these plethora of laws put in place to deter domestic violence has increased the rate of spousal killing, recently it is of commonplace where husband kill wife and wife kill husband, this is
as a result of neglecting domestic violence which eventually results to death of either of the spouse. Hence the aim of this work is to evaluate the existing and extant laws concerning domestic violence in Nigeria and see if these extant laws have been to ameliorate the unpleasant trend not because the laws are inadequate per se but that the enforcement is weak, also to criticize laws that encourage domestic violence in any form and to call for its repeal an instance is section 55 of the penal code and finally would offer recommendations that will assist to build up and facilitate the effective enforcement of laws against domestic violence
enforcement is weak. Domestic violence has a lot of issues and is to be tackled adequately, it is also known as Intimate Partner Violence/abuse, spousal abuse and family violence. Although there has not been any National Legislation on domestic violence in Nigeria sadly, however there are laws which punish these various offences ranging from rape, battery, molestation, etc. Similarly there has been laws passed as a result of agitation by individuals which tackles domestic violence directly which include; VAPPA (2015), some states have state-level domestic violence legislations, similarly even in abide to effectively enforce these laws and to respond positively to the claim by the public that the police “characteristically exhibit bias and discriminatory attitudes in their treatment of female victims of violence” which is “informed by cultural beliefs and notions which devalue and subjugate women and often blame the victim, the police is said to see domestic violence as family issue and victims are often told to settle the problem themselves or involve other family member. However some provisions of these laws encourage subtle chastisement like Section 55 of the Penal Code and thus call for the repeal of such provisions. The essence of this work, is to tackle the nonchalance and negligence by the body who are expected to enforce these plethora of laws put in place to deter domestic violence has increased the rate of spousal killing, recently it is of commonplace where husband kill wife and wife kill husband, this is
as a result of neglecting domestic violence which eventually results to death of either of the spouse. Hence the aim of this work is to evaluate the existing and extant laws concerning domestic violence in Nigeria and see if these extant laws have been to ameliorate the unpleasant trend not because the laws are inadequate per se but that the enforcement is weak, also to criticize laws that encourage domestic violence in any form and to call for its repeal an instance is section 55 of the penal code and finally would offer recommendations that will assist to build up and facilitate the effective enforcement of laws against domestic violence
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