5. Prosecutorial considerations
Jump to
5. Prosecutorial considerations Start Comparison
5.1 Police procedures

5.1.1 When do the police get involved in domestic disputes or legal actions?

Police rarely get involved and would ordinarily request relatives to resolve the domestic disputes unless there is a breach of criminal law.

5.1.2 What circumstances effect law firm involvement?

Law firms can be involved when briefed or where there is a violation of fundamental rights.

5.2 Standard of proof

5.2.1 Is proof required by any legal means?
Yes.
5.2.2 Are there any requirements regarding evidence and documents?

Yes, the Evidence Act governs this.

5.2.3 Is proof "beyond a reasonable doubt" required?
Yes, if the act constitutes a breach of the Criminal Code. The same is true in a civil action. If the fact being alleged constitutes a criminal offense (as is in this case), that fact must be proved beyond reasonable doubt.
5.2.4 Is the standard of proof different for ex parte orders?
Yes. An ex parte order only needs to show the existence of legal rights, urgency and need for interim judicial protection pending when the other side would be on notice. The prosecution or plaintiff must show a reasonable chance of success.
5.3 Affirmative defenses

5.3.1 Are affirmative defenses available to the accused?

Yes.

5.3.2 Is willful intent required?
Generally, it depends on the language of the law prescribing an act as a crime. However, yes, in most cases, as in this case.
5.3.3 Are false accusations punishable for the victim?

Yes, under any of the offenses in Chapter 14 of the Criminal Code dealing with offenses related to the administration of justice. 

5.3.4 How is consent discussed in the law?

Under Nigerian law, consent cannot be given for the waiver of a law enacted for the protection of a victim or a constitutional right.

5.3.5 Is self-defense or insanity a defense?

Yes, both are defenses under the Criminal Code (Sections 285-288 for self-defense; Section 28 for insanity).

5.4 Witness status

5.4.1 What is a witness's duty to testify honestly and completely?

Witnesses have a duty to testify honestly and there is a right against self-incrimination. Failure to give honest testimony is perjury under the Criminal Code.

5.4.2 Who may abstain from testifying in certain situations?

 By virtue of Section 182 of the Evidence Act, a spouse is a competent and compellable witness where offences stated in subparagraphs a, b and c are involved. However, communication during marriage is privileged. Spouses can also refuse to answer questions if it would expose them or their partner to prosecution.

5.4.3 What potential "excuses" can a witness raise to refuse to testify in a domestic violence action?
In Nigeria, all witnesses are competent and compellable subject to some exemptions (minors, lack of mental capacity, etc.) and the need to corroborate the evidence.
5.4.4 What is the impact of domestic violence on witnesses who are children?

No special law provides any special protection to children testifying. The law, however, enables the court not to disclose the name of the child.

5.4.5 Can children be called upon to testify?

Yes, evidence of a child is admissible if the court is able to establish that the child understands the nature of an oath (Section 183 of the Evidence Act).

5.4.6 What is the effect of a child victim on the charges against the offender?

No special effect.

5.5 Penalties and sentencing; penalty enhancements

5.5.1 What are the penalties and sentencing laws for first-time domestic violence offenses?

The penalties in law are the same, although the judge may impose a heavier sentence for repeat offenders.

5.5.2 Are there criminal penalties?

Yes. Rape: maximum of 14 years for persons under 14; minimum of 12 years' imprisonment for all others and a minimum of 20 years for each person.

5.5.3 What is the result of a violation of an existing order for protection?

The penalty for disobeying an order of the court is a fine of NGN 100,000 or imprisonment for a period not exceeding five years or both a fine and imprisonment.[33]

5.5.4 What fines and other penalties are imposed besides incarceration and liberty restriction?

There are none for criminal offenses. However, in a civil lawsuit, it depends on the reliefs sought by the plaintiff.

5.6 Post-release restrictions

5.6.1 Does the law notify the victim of the offender's release from custody?

Not in practice, and there's no law that requires notification.