2. Introduction: framework guiding domestic violence law
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2. Introduction: framework guiding domestic violence law Start Comparison
2.1 Are there civil and criminal legal remedies for domestic violence victims?

In some states of Nigeria, there are civil and legal remedies, while in certain states, violence is legal:

  • There are civil and criminal legal remedies for domestic violence in the Federal Capital Territory and the 13 Nigerian states that have adopted the VAPPA as described here. This includes medical, psychological, legal, social, rehabilitation, reintegration and vocational remedies and assistance.
  • In 2017, a UN Convention on the Elimination of All Form of Discrimination Against Women (CEDAW) report noted: "The Committee notes the State party's efforts to provide legal aid services to women and girls, but is concerned at reports that women's access to justice is often impeded by insufficient budget allocations for legal aid, alleged corruption and stereotyping within the judiciary."
  • A UN High Commissioner for Refugees report, citing statements from the Nigerian NHRC, indicated that laws are poorly implemented. The commission noted that Lagos State is the only state where domestic violence law is applied in practice.
  • There are also laws in Northern Nigeria that encourage violence, including using domestic (wife) beatings as a form of correction (Section 55(1)(d) of the Penal Code) as described here  and here.
2.2 Is domestic violence identified in national law as a human right (noting that at a European level protection from domestic violence has not been explicitly identified as a human right but is indirectly captured by the other provisions)?

There are no national laws in Nigeria specifically regarding domestic violence, although VAPPA, a federal law, prohibits violence generally according to this CEDAW report  and this article. However, this is only applicable to the Federal Capital Territory, and it is only binding if states choose to adopt it, as noted here. Dataphyte  notes that only 13 of the 36 states (Oyo, Ogun, Lagos, Osun, Ekiti, Edo, Anambra, Enugu, Ebonyi, Benue, Cross River, Kaduna and Plateau) have adopted this act.

Lagos identifies domestic violence as a crime under Section 1 of the PADVL: "As from the commencement of this Law no person shall commit any act of domestic violence against any person."

Protection against domestic violence is a recognized as a human right through other provisions, including the Maputo Protocol and CEDAW.

2.3 Has your country signed and ratified the Council of Europe's Istanbul Convention (2011) preventing and combating violence against women and domestic violence (CETS No. 210)?
Nigeria is not a signatory to the Istanbul Convention.
2.4 If it has ratified the Istanbul Convention, how has this convention been implemented into national law?

N/A

2.5 If it has not ratified or signed the Istanbul Convention, is it envisaged that your country will do so?
No, there is no evidence to suggest Nigeria will sign the Istanbul Convention.
2.6 If it has ratified the 1979 Convention, how has the recommendations part of General Comment No. 35 been implemented into national law?

Nigeria has ratified the 1979 Convention, but there are significant gaps with regard to the implementation of these protections at a national level.

The country has implemented a federal law (VAPPA), but this is not binding at state level and was only adopted by 13 of the 36 states, as detailed above.

A 2017 CEDAW report  notes that only 11 states (Anambra, Bauchi, Cross Rivers, Ebonyi, Edo, Ekiti, Imo, Lagos, Enugu, Bayelsa and Rivers) have laws specifically against gender-based violence.

The Women's International League for Peace and Freedom summarized the actions needed for implementation here, noting:

Regarding discrimination and gender-based violence, the Committee called on Nigeria to domesticate the Violence Against Persons Prohibition Act, Child Rights Act, and the CEDAW Convention in all States; to expedite the adoption of the Gender and Equal Opportunities Bill; and to address the root causes of trafficking of women and girls, including by addressing their economic situation.

2.7 If the 1979 Convention has not been ratified or signed, is it envisaged that your country will do so?
N/A