6. Special issues | Nigeria | Fighting Domestic Violence

6.1 Battered woman syndrome

6.1.1 Can lawyers present evidence of battered woman syndrome or other domestic abuse as an affirmative defense to crimes that the battered woman has committed? (Note: Battered Woman Syndrome is accepted by courts in certain jurisdictions to show that battered women can use force to defend themselves and sometimes kill their abusers due to abusive and life-threatening situations.)

There is nothing to suggest that lawyers can present evidence of battered woman syndrome, or other domestic abuse, as an affirmative defense to crimes committed by the battered woman. It may, however, be presented for reducing the sentence.

6.2 Domestic violence in the workplace

6.2.1 Can courts issue orders to protect employees suffering from domestic violence?

Yes. Under the PADVL, courts can issue protection orders to protect any person suffering from domestic violence. The employee must be (or have been) in a domestic relationship with the respondent. The domestic violence can include stalking, etc., and does not need to have happened within the employee's home.

In addition, the organization can bring the application for the protection order to the court on behalf of the complainant (employee) as long as they have an interest in the well-being of the complainant, and have their consent.

6.2.2 Can departure be deemed "for good cause" if related to domestic violence?

There is no "for good cause" departure or similar principle under Nigerian employment law.

6.2.3 Can family members of domestic violence victims take reasonable leave to help the victim seek treatment or obtain help and services?

No statutory allowance, except for casual leave.

6.3 Immigration

6.3.1 Does the law include provisions that are intended to prevent abusers who are citizens or permanent residents from using immigration laws to perpetrate domestic violence against their spouse?

A principle of Nigerian law is that the law cannot be used as an engine of fraud or illegality ("Re Burgle Press," (1961) Chapter 270).

6.3.2 If battered immigrants cooperate with law enforcement in domestic violence, can they obtain immigration remedies?

There's no legal provision, so this may depend on the exercise of administrative discretion by an immigration officer or if the immigrant applies to court for relief under Chapter IV of the Nigerian Constitution dealing with fundamental human rights.

6.3.3 Does domestic violence law discuss asylum accessibility?

VAPPA does not discuss asylum accessibility.

6.4 Armed forces

6.4.1 Can a victim seek a military protective order if the abuser is in active military?

It appears it can only be administrative (by a superior officer) where the abusive officer is not court-martialed for scandalous conduct unbecoming of an officer. However, where they are court-martialed, a military protection order can be made by the court under the Armed Forces Act. The order could only be made by a court-martial.

6.5 Child custody and child/spousal support

6.5.1 Do judges follow special rules to determine custody or visitation of children in domestic violence cases?

Yes. The "interest of the child" rule, as espoused in OKOBi v. OKOBI (2020) 1 NWLR (pt. 1705) 301.

6.5.2 Can the judge consider the testimonies of the other spouse and the children when determining custody?

Yes.

6.6 Housing rights of domestic violence victims

6.6.1 Does the law include any barriers to prevent landlords from forcing a tenant to move out because they are victims of domestic violence?

No.

6.6.2 Does the law allow a tenant to terminate his/her lease early due to domestic violence?

No.

6.6.3 Can an order exclude the abuser from the residence?

Under Section 7(1) of the PADVL the order will prohibit the respondent from entering the following places, in particular:

a residence shared by the respondent and the complainant(s) (the court imposes this application if it appears to be in the best interests of the complainant)
a specific part of such a shared residence

6.6.4 Can abusers be forbidden by court orders to alienate or mortgage the property in his/her name if it is the family domicile?

Yes, in a civil or criminal action.

Fighting Domestic Violence

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