Yes, protection orders are available to victims of domestic abuse in Nigeria.
Section 28(1) of the VAPPA provides that a complainant can apply for a protection order that would be effective throughout Federal Nigeria if granted. Violence includes any act or attempted act that causes or may cause any person physical, sexual, psychological, verbal, emotional or economic harm in private or public life, in peace time and in conflict situations.
In Lagos specifically, Section 2(1) of the PADVL, provides that 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 (including any child in the care of the complainant) can apply for a protection order. Nigerian courts also have inherent jurisdiction to grant protection orders under the laws establishing the court. For example, Lagos State High Courts have power to grant protection orders in both civil and criminal cases under Chapter 2 of the High Court of Lagos State Law.
Applications for a protection order can be brought either by the complainant or any other person on behalf of the complainant (as long as they have an interest in the well-being of the complainant, including by way of example, a counsellor, health service provider, member of the Nigeria Police Force, social worker, organization or teacher).[9]
It is important to note that a person bringing the application for a protection order on behalf of the complainant must have the written consent of the complainant unless the complainant is: a minor; mentally retarded; unconscious or a person whom the court is satisfied is unable to provide the required consent.[10]
Child custody orders
Yes, Nigerian law provides for temporary child custody orders.
If the court is satisfied that it is in the best interest of the child, it may make various orders relating to contact and custody of the child. For example, the court may refuse the respondent contact with the child or order contact with such child on such conditions as it will consider appropriate.[11] Further, under the PADVL in Lagos, the court may also make an order as to the custody of the child.[12]
Child support orders
Emergency monetary relief in domestic violence cases: There is no provision covering child support orders for domestic violence cases specifically. It explicitly states under VAPPA that emergency monetary relief (which the court could order the respondent to pay to the complainant) does not constitute, in any way, a maintenance order.[13]
General right to maintenance for children: Notwithstanding the above, under the Child's Rights Act 2003 (CRA), every child has the right to maintenance by their parents or guardians and to enforce this right in the family court, in appropriate circumstances.[14]
Child maintenance order: Under the CRA, the court may order that a parent or guardian[15] contribute to the maintenance of a child where such a child has been committed to care of an individual or institution under the CRA, due to neglect of the parent or guardian. This may capture neglect in terms of domestic violence, although the law does not explicitly state this.
Yes. Through the protection order, the court can prohibit the respondent from entering the place where the complainant lives (whether or not the accommodation is shared with the respondent) and the complainant's place of work.[16]
Yes, there are various types of civil protection orders.[17] These orders are generally made on the terms and conditions the court thinks just.
Emergency restraining order: The police may issue this if a complainant is in immediate danger or cannot immediately file a more permanent restraining order with the court. It usually expires after a few days.
No-contact order: A judge may issue this if the case goes to court and the abuser is charged with a crime. It means the abuser may not have any contact with the complainant. The length of a no-contact order will depend on the facts of the case.[18]
Domestic violence restraining order: A judge may issue this after a court hearing. A domestic violence restraining order lasts longer than emergency or temporary restraining orders, possibly for several years.
Yes, orders can be requested by the direct victim, an indirect victim (if a child of the complainant) or on behalf of a child by their legal representatives as long as such a person has an interest in the well-being of the complainant.
In children's cases, the child's consent is not required to bring an application for a protection order on behalf of the child. The application can be brought on behalf of a child by any other person (without the assistance of the parent or guardian or any other person) and with a supporting affidavit by persons who have knowledge of the matter concerned that may accompany the application.[19]
Emergency orders can extend protection for abuse and intimidation to children in the care of the victim, but there is nothing in Nigerian law to extend protection orders to other family members of the victim.
They can last from a few days up to a few years. For example, temporary restraining orders can last between seven to 14 days and a domestic violence restraining order could last for a few years. It is up to the discretion of the judge.
Pursuant to Section 42 of the VAPPA, a coordinator for the prevention of domestic violence will submit annual reports with such data to the federal government, with a copy lodged with the National Bureau of Nigeria. However, these annual reports do not appear to be publically available.
There are a few NGOs that help victims of domestic violence to navigate the legal processes and obtain protection orders from the courts, but they do not contain data on how often civil protection orders are issued and the demographic information:
- The Lagos State Domestic and Sexual Violence Response Team: This is a collection of professional service providers and officials that respond as a group to the various needs of domestic and sexual violence survivors (Lagos State residents). They provide legal, medical and emergency assistance, respond to complaints regarding domestic violence and help women obtain restraining orders from the magistrates' courts in Lagos. Website: https://www.dsvrtlagos.org/.
- LawyerUp Nigeria: Managed by a team of young enthusiastic lawyers who educate the average Nigerians about their rights and duties. They also provide pro bono services to indigent Nigerians. Website: www.lawyerupng.org.
- The Women Helping Hand Initiative: Provides shelter homes for young mothers and out-of-school girls who are victims of domestic violence, sexual, gender-based violence, etc. Website: www.twhhi.org.
- Dorothy Njemanze Foundation: Provides first response services to victims of sexual, gender-based violence and domestic violence. Website: www.dnf.org.ng.
In order to obtain a protection order, the complainant must file the application for the order and an affidavit to the relevant court.[23]
No, the victim does not need to attend a hearing. The people who must be present at the proceedings for a protection order are (to the extent applicable): officers of the court, person bringing application on behalf of the complainant, legal representative of party and witnesses, and not more than three people supporting the complainant.[24]
According to VAPPA, no time limit or prescription will apply in relation to a person applying for a protection order.[27] However, there is an obligation on the courts to review the applications for protection orders as soon as reasonably possible.[28]
No, not for a person applying for a protection order.
The court will issue a protection order if it finds, on a balance of probabilities, that the respondent has committed, is committing or there is an imminent likelihood that he or she may commit an act of violence.[29] A civil protection order is an injunction or interlocutory order granted based on judicial discretion, which must be exercised judiciously based on cogent, compelling and relevant facts.
The applicant must show the existence of legal rights, urgency and need for judicial protection, pending when the order side would be on notice to avoid irreparable damage and chance of success in the main trial — by preponderance of the evidence.No, there are no age limits and even children can apply for protection orders.[30]
Yes, where this is a civil suit, as generally only the state can prosecute a criminal act. In Nigerian civil proceedings, the courts have the power to order that parties pay the other side's costs. The general rule, as contained in the Federal High Court (Civil Procedure) Rules 2000, is that the successful party is entitled to recover its costs from the unsuccessful party.[31] This means that a victim who is successful in their application for a protection order should be able to get their costs covered. However, the judge has the discretion to determine the amount of costs to be paid.
Additionally, costs can be awarded to compensate the successful party for delay caused by interlocutory motions. However, it is worth noting that the current practice of Nigerian courts means that costs are rarely awarded on a compensatory basis and the costs awarded may not reflect the actual costs incurred by a party in the prosecution of the case. Nigerian courts are notorious for awarding a very low amount for damages.