7. Endnotes

[1]    ECW/CCJ/APP/26/15. The case is celebrated for setting the tone for state responsibility to victims of domestic violence regarding their right to a fair trial. However, the ECOWAS Community Court of Justice (ECCJ) did not find the defendant state to be in violation of the complainant's right to freedom from discrimination and gender-based violence. This decision engenders legal discourse on the standard for state responsibility as well as the forms of domestic violence acts that are appropriate to warrant intervention at international law level.

[2]    (1996) 4 NWLR (pt 443) p.375.

[3]    (2006) LPELR-7612 (CA) pp. 14-15, paragraphs E-A.

[4]    https://www.refworld.org/docid/548168e14.html accessed on 28 October 2020. According to the representative of the National Human Rights Commission (NHRC), protection orders can be obtained "by applying to a magistrates' court or high court of a state," upon commencement of a court case. For example, the Violence Against Persons (Prohibition) Act (2015) provides that any person who carries out harmful traditional practices on another commits an offense and is liable, on conviction, to a term of imprisonment not exceeding four years or a fine not exceeding NGN 500,000 or both. There are also penalties for attempting, inciting, aiding and abetting the offense. Additionally, as provided under the act, sanctions range from a maximum imprisonment for three years or a fine of NGN 200,000 (USD 1,000) for spousal battery, to a six-month term of imprisonment or a fine of NGN 100,000 (USD 500) for forced isolation or separation from family.

[5]    https://tayooyetibolaw.com/protection-against-domestic-violence-and-use-of-no-contact-orders/ (accessed on 9 November 2020).

[6]    "Understanding and addressing violence against women," World Health Organization, 2012 (Document WHO/RHR/12.36).

[7]    Elabanjo and Another v. Dawodu (SC 386/2001) [2006] 10.

[8]    http://lagosministryofjustice.org/wp-content/themes/moj/documents/CRIMINAL_CONDUCT.pdf (accessed on 9 November 2020).

[9]    Section 28(2) and (4) VAPPA.

[10]    Section 28(4) of the VAPPA.

[11]    Section 31(6) of the VAPPA.

[12]    Section 7(6)(c) of the PADVL.

[13]    Section 31(4) of the VAPPA.

[14]    Section 14(2) Child's Rights Act 2003.

[15]    Under Section 52(2)(b) of the Child's Rights Act 2003, this also includes a person cohabiting with the mother of the child.

[16]    Section 31(1)(c) - (f) of the VAPPA.

[17]    Chapter 2 of the High Court of Lagos State Laws (there are similar laws for high courts of other states).

[18]    Tayo Oyetibo LP, "Protection Against Domestic Violence and Use of "NO CONTACT" Orders," 31 January 2019.

[19]    Section 28(5) of the VAPPA.

[20]    Paragraph 8, Practice Direction for Protection Against Domestic Violence 2019.

[21]    Sam Omotoso, "Restraining Order; A Panacea For Domestic Violence," 9 July 2019.

[22]    Section 5(1) of the PADVL.

[23]    Section 28(6) of the VAPPA.

[24]    Paragraph 7(3) of the Practice Direction for Protection Against Domestic Violence 2019.

[25]    Section 19(1) of the VAPPA.

[26]    Section 31(7) of the VAPPA.

[27]    Section 28(1) of the VAPPA.

[28]    Section 29(1) of the VAPPA.

[29]    Section 30(4) of the VAPPA.

[30]    Section 28(5) of the VAPPA.

[31]    Order 25, Federal High Court (Civil Procedure) Rules 2000.

[32]    Section 31(4) of the VAPPA.

[33]    There is no mention of a separate civil process being required under the VAPPA.

[34]    Article 15(a) of the PADVL.