1. Legal provisions
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1. Legal provisions Start Comparison
1.1 What are the relevant statutes and codes?

Violence Against Persons (Prohibition) Act (2015)(VAPPA)

Overarching statute to be implemented at state level. This act provides protections from domestic violence in general regardless of gender. This federal law applies only to domestic violence offenses committed in Nigeria's Federal Capital Territory (Abuja).

Nigeria Criminal Code Act, 1990 ("Criminal Code")

The Nigerian Criminal Code Act is an act of the National Assembly (the federal legislature under Nigeria's federal system of government). All 36 states in Nigeria have a state version of the Criminal Code Act promulgated as a Criminal Code Law (for states comprising the old Western Region and Eastern Region of Nigeria) and the Penal Code Law (for states comprising the old Northern Region of Nigeria). The provisions of these state laws and the federal Criminal Code Act are very similar.

State-level domestic violence legislation such as the Protection Against Domestic Violence Law of Lagos State, 2007 (PADVL)

Law to Provide Protection Against Domestic Violence and for Connected Purposes of Lagos (2007), Chapter (18), § 1(h) (Nigeria). This has so far only been implemented in nine states of Nigeria (Lagos, Osun, Ondo, Ekiti, Bayelsa, Edo, Cross River, Rivers and Anambra).

Child Rights Act, 2004

Child Rights Act, Chapter 50, Laws of the Federation of Nigeria (2004) (Nigeria).

1.2 What is the controlling case law?
  • IHRDA & WARDC (on behalf of Mary Sunday) v. The Federal Republic of Nigeria[1]
  • Gira v. the State[2]
  • Ugbotor v. Ugbotor[3]
1.3 What are the specific parts of the court system that address domestic violence?

Domestic violence cases are dealt with by different courts, depending on the state in which the case is brought. Nigeria is a federal republic of 36 states and one Federal Capital Territory.

  • In the first instance, jurisdiction is given to:
  • district courts (Northern Nigeria)
  • magistrates' courts (Southern Nigeria) in the relevant state of Nigeria
  • If this is escalated in that jurisdiction, jurisdiction is given to:
  • Sharia court or high court (state or federal) (Northern Nigeria)
  • high courts (state or federal) (Southern Nigeria in Federal Capital Territory)
1.4 What are potential causes of action?

Both civil proceedings and criminal penalties (imprisonment) can be brought against an abuser.[4]