AN APPRAISAL OF THE LAGOS STATE LAW ON THE PROHIBITION OF DOMESTIC VIOLENCE

AN APPRAISAL OF THE LAGOS STATE LAW ON THE PROHIBITION OF DOMESTIC VIOLENCE

ABSTRACT

The protection against domestic violence is a very crucial issue and is indispensable in the achievement of a safe and serene family and environmental life. Different forms of violence are perpetuated in numerous degrees daily especially against women and children who are usually on the receiving end. It is in recognition of the need to protect against violence and abuses that Lagos State has taken the laudable step of enacting her own Law to provide protection against domestic violence. The fulcrum of this work shall be to appraise the provisions of this law while elucidating upon the nature, impacts and effect of Domestic Violence. The provisions of the law are laudable and commendable and it is suggested that the government embarks upon a more aggressive implementation of the provisions of the law and engage wider publicity and education of all stakeholders on their rights and the need to guard against domestic violence.

Keywords: Domestic Violence, Prohibition, Protection, Lagos

TABLE OF CONTENTS

CERTIFICATION.. 2

DEDICATION.. 3

ACKNOWLEDGEMENT.. 4

ABSTRACT.. 5

TABLE OF CONTENTS. 6

TABLE OF ENACTMENTS. 7

CHAPTER ONE: GENERAL INTRODUCTION.. 9

1.1: BACKGROUND TO THE STUDY.. 9

1.2. STATEMENT OF THE PROBLEM... 10

1.3 SIGNIFICANCE OF THE STUDY.. 11

1.4 AIMS AND OBJECTIVES OF THE STUDY.. 12

1.5 RESEARCH QUESTIONS. 12

1.6 RESEARCH METHODOLOGY.. 12

1.7 DEFINITION OF TERMS. 12

1.8 SCOPE AND LIMITATION OF THE STUDY.. 13

1.9 CHAPTER OUTLINE.. 13

2.0 CHAPTER TWO: THEORY AND LITERATURE REVIEW... 15

2.1 INTRODUCTION.. 15

2.2 THE CONCEPT OF DOMESTIC VIOLENCE.. 15

2.3 FORMS AND PREVALENCE OF DOMESTIC VIOLENCE.. 17

2.5 EFFECTS OF DOMESTIC VIOLENCE.. 20

2.6 APPRAISAL OF THE PROTECTION AGAINST DOMESTIC VIOLENCE LAW OF LAGOS STATE   22

2.7 CONCLUSION.. 25

CHAPTER THREE: A CRITICAL APPRAISAL OF THE LAGOS STATE LAW AGAINST DOMESTIC VIOLENCE.. 26

3.1 INTRODUCTION:26

3.2 INTERPRETATIONS IN THE LAW... 26

3.3. PROHIBITION OF DOMESTIC VIOLENCE.. 27

3.4 PROTECTION AND PROTECTION ORDERS. 28

3.5 SEIZURE OF UNLAWFUL ITEMS:33

3.6 PROVISION OF FINANCIAL ASSISTANCE.. 33

3.7. PROCEEDINGS UNDER THE LAW AND SECRECY.. 34

3.8 JURISDICTION UNDER THE LAW... 35

3.9 OFFENCES AND PENALTIES. 36

3.10 CONCLUSION.. 36

CHAPTER FOUR: ELIMINATING DOMESTIC VIOLENCE; EXPECTATIONS AND CHALLENGES.38

4.1 INTERNATIONAL EXPECTATIONS ON THE ELIMINATION OF VIOLENCE.. 38

4.2 THE LOCAL EXPECTATIONS ON THE PROTECTION AGAINST DOMESTIC VIOLENCE   40

4.3 CHALLENGES TO THE ERADICATION OF DOMESTIC VIOLENCE.. 45

4.4 CONCLUSION.. 51

5.0 CHAPTER FIVE: CONCLUSION AND RECOMMENDATIONS. 52

TABLE OF ENACTMENTS

LOCAL

Child Rights Act Cap C 15 LFN 2004.

Constitution of the Federal Republic of Nigeria 1999 Cap C23 LFN 2004

Criminal Code Cap C25 LFN 2004

Criminal Procedure Act, CAP. 77 LFN 1990

Legal Aid Act, 1976 Cap L4 LFN 2004.

Matrimonial Causes Act Cap M 1 LFN 2004

Penal Code Cap P2 LFN 2004

Trafficking in Persons (Prohibition) Law Enforcement and Administration Act, 2003

Violence Against Persons Prohibition Act 2015

Domestic Violence Against Women (Prohibition) Law No.10 of 2004 Cross Rivers

Domestic Violence and Other Related Matters Law of (2006) Jigawa State.

Infringement of a Widow’s Fundamental Rights Law No. 3 of (2005) Enugu State

Inhuman Treatment of Widows (Prohibition) Law 2004 of Edo state

Malpractices Against Widows and Widowers (Prohibition) Law 2005 Enugu.

Protection Against Domestic Violence Law Lagos No15 A 199 (2007)

FOREIGN

The African Charter on Human and People’s Rights 1989

The African Charter on the Rights and Welfare of the Child 1999

The Charter of the United Nations in 1945

The Dakar Declaration of 1994

The Declaration on the Elimination of Violence against Women (1993)

The United Nations Convention on the Rights of the Child 1989

The Universal Declaration of Human Rights (1948).

TABLE OF CASES

Ademola v. Ademola, Suit No.1/224/67,

Adenike Bentil v Ajayi Bentil Unreported Suit No.MCC/76/90

Etuk Udo v. The Queen (1964) 1 All N.L.R. 21

FRN v. Ifegwu (2003) 15 NWLR (PT 842) 133 at 184 B-E and 185 B-C

Idowu v The State (2008)  Vol. 1 WHRC 467

Iko v. State (2001) 7 SC (Pt 11) P. 115

Jegede v. the State (2001) 7 SC (Pt. 1) P. 122

Okon v. The State 1988 1 NSCC p 157.

Okoye v. The State 1973 1 all NLR 500

Oni v. The State (2008) Vol. 1 WHRC 1

R v. Kufi (1960) W.N.L.R. 1

Saude v. Abudullah (1989) 4 NWLR Pt. 116.

State v. Njokwu 4 ECS LR 1998 p.67

Sunmonu v. Inspector General of Police (1957)WRNLR23

Theresa Onwo v. Nwafor Oko & 12 Ors 1996, 6 NWLR Pt. 456 at P. 584.

Upaha v. The State [2003] 6 N.W.L.R Part 816

Uzoukwu v. Ezeonu II (1991) 6 NWLR (PT 200) 708 at 761

FOREIGN

R v Clarke (1949) 2 All ER, 448

R v. Baskerville (1916) 2 KB 654 @ 667

R v. Jones (1939) 27 CAR 33

R v. Miller  (1954) 2 All ER, 529

CHAPTER ONE: GENERAL INTRODUCTION

1.1: BACKGROUND TO THE STUDY

Domestic Violence is an intricate issue with far-reaching consequences in almost all facets of life and has been a cause for concern to both local and foreign stakeholders. As it is estimated that one in every three women suffer from domestic violence abuses most of which are widely condoned. This does not mean that men are immune as they are also subject to domestic violence most of which are lethal retaliations from their wives.

We hear of incidences of spouses beating their wives or children to death over trivial issues or burning them on unbelievable suspicions and cases of intense neglect and deprivation. All the above realities amongst others have fostered a growing awareness on domestic violence and culminated in the various responses by various International Instruments, Non-governmental organizations, governments, activists and a host of other stakeholders to prevent domestic violence.

The Federal Constitution of Nigeria has incorporated various provisions against Human Rights Violation especially as contained in Chapter Four and the the African Charter on Human and Peoples’ Right and various other Laws and Instruments. Laws and policies have also been formulated to eliminate gender-based discrimination and bridge the gap between men and women These notwithstanding, there is inadequate protection against domestic violence as various cases and incidences are being reported daily while many others go unreported for various reasons chief of which are condonation and fear of reprisal.

Indeed, Lagos on its part has been proactive and unwilling to take the backstage as it has recognised the need to protect against domestic violence by enacting its Law to Protect against Domestic Violence the provisions of which this work shall appraise.

1.2. STATEMENT OF THE PROBLEM

Domestic violence has become an issue of global concern most especially in Africa. Domestic Violence can affect all groups in the society and can consist ofphysical, sexual, emotional, economic and psychological abuse. As studies have found that more than twenty-five percent of the global population suffers from domestic violence of one form or the other. Although men can also be victims of domestic violence, women and children suffer it most as they are being subjected to inhumane treatment, infringement on rights and restrictions on freedom.  The vulnerability of women discourages them from reporting cases of domestic violence or abuse against them at home, or to seek legal redress. She may be forced out of her marital home and if she returns to her father’s house might be driven back to her husband’s house of horror.  As she cannot support herself and the children, they may end up on the streets or become victims of other forms of abuse or she may return to the violent home to face a more aggressive and more arrogant husband. The victims in turn make things worse by keeping silent. Furthermore, the Nigerian Police, the first point of contact with the formal judicial system for victims of domestic violence, often trivialize incidents of domestic violence and does not file reports of complaints made.  In some cases, they are reluctant to investigate and prosecute the matter.

The prevalent culture of silence and stigmatization of victims of domestic violence does not help matters because it hinders public acknowledgment of the problem. When appraising the Nigerian Legal System with the peculiar needs of domestic violence, we discover that the Nigerian legal system is more adversarial than reconciliatory.  The indirect outcome of most judicial proceedings is usually the termination or straining of the relationship of the litigant.

This work shall reveal how the Lagos State Law on protection of Domestic Violence has attempted to remedy these ills and proffer more lasting solutions for the future.

1.3 SIGNIFICANCE OF THE STUDY

The issue of domestic violence has often sparked international and local responses. Scholars and writers have often shown interest in the exposition of this area with many literature examining the issue of domestic violence in view of its repercussive effects.

As shall be seen in this work, authors have recognized that Domestic violence occurs globally in various forms and contexts. Families from all social, racial economic, educational and religious backgrounds experience domestic violence in different ways. There is also the wideheld apprehension of the lack of government commitment in the fight against domestic violence in Nigeria.

There however exists limited literature focusing on the Lagos State Protection Against Violence Law 2007 which indeed is a remarkable introduction to the field of domestic violence. This work therefore analyses this law vis a vis the existing realm of domestic violence, identify ways that persons can access justice through the judicial system and proffers suggestions for the effective elimination of violence against women in Nigeria thereby contributing to the existing field of literature.

This work establishes that the Prohibition Against Domestic Violence Law of Lagos, State Law No 15, 2007, was enacted as a response to the rising incidents of violence against persons in Lagos State. The law is a mechanism to correct the inadequacies of the legal system by ensuring that victims of domestic violence are protected, the strict compliance of police officers in apprehending suspects, providing alternative orders such as interim protection orders and expanding the definition of the laws that constitute domestic violence.

Finally, it is worthy of note that the Lagos State Law on the Prohibition of Domestic Violence has been in existence since the year 2007 but very few people are aware of its existence not to talk of having knowledge of the provisions. The Significance of this work can also be seen in the fact that (in addition to the analysis of the Lagos State Law) it contributes to the enlightenment campaign.

1.4 AIMS AND OBJECTIVES OF THE STUDY

- To identify the nature, causes and effects of domestic violence

- Examine the provisions of the Lagos State Law on the Prohibition against Domestic Violence 2007.

- Make Suggestions on how the law can be better implemented and how the government can better protect against domestic violence.

1.5 RESEARCH QUESTIONS

- How prevalent/pervasive is the issue of domestic violence in Nigeria?

- Does the Lagos State Law on the Prohibition against Domestic Violence 2007 meet up to expectations?

- What are the areas of improvement for better implementation?

1.6 RESEARCH METHODOLOGY

This essay shall adopt the doctrinal method and shall be conducted using primary and secondary sources. Primary sources such as relevant statutes and legislations, judicial decisions and government publications and secondary sources such as opinions of writers, textbooks, newspaper articles and seminar papers.

1.7 DEFINITION OF TERMS

Certain salient terms shall be repeated in this work and deserve a brief definition they include:

“Abuse” This includes the misuse of power through which the perpetrator gains control or advantage of the abused, using and causing physical or psychological harm or inciting fear of that harm.

“Domestic” relating to or involving a family or the people living together within a household.

“Violence” According to Black’s Law Dictionary,[1] the term ‘violence’ is synonymous with ‘physical force’. It involves a threat or use of coercive force with the intent of inflicting harm. It is the illegal use of unjustified force, or the intimidating effect created by the threat of illegal force.

“Domestic Violence” is threat or use of coercive force with the intent of inflicting harm on a person in a domestic relationship.

“Protection” the act of preventing somebody or something from being abused harmed or damaged, or the state of being kept safe

“Child” means an infant or any person below 18 years.

“Complainant” means any person who is or has been in a domestic relationship with a respondent and who is or has been subjected or allegedly subjected to an act of domestic violence

“Respondent” means any person who is or has been in a domestic relationship with a complainant and who has committed or allegedly committed an act of domestic violence including any person who conspires, aids, facilitates or assists in the commission or alleged commission of domestic violence against the complainant.

“Physical abuse” means any act or threatened act of physical violence towards the person of the complainant.

1.8 SCOPE AND LIMITATION OF THE STUDY

This work shall appraise Domestic Violence from a specific focus on the Lagos State Law on the Protection Against Domestic Violence.

1.9 CHAPTER OUTLINE

The work is divided into five chapters. Chapter one is the introductory chapter which provides a prelude to the discussion in this work. Chapter two examines existing literature on the area of domestic violence including the nature, forms and effects of domestic violence and certain appraisals on the domestic violence law of Lagos State. The discussion in this chapter shall provide a background understanding and theoretical underpinning on domestic violence. The third chapter provides a critical appraisal of the Lagos state law prohibiting domestic violence. In this chapter, I look at the interpretations in the law, prohibitions under the law, protection and protection orders, financial assistance provisions under the law, provisions relating to secrecy of proceedings, jurisdiction, offences and penalties. Chapter Four looks at the local and international expectations on the protection against domestic violence and examines the various challenges to enforcement and reasons for the prevalence of domestic violence. Chapter Five is the concluding chapter which provides recommendations on how the law can be better implemented.