SPECIAL EDITION: TOWARDS ENDOGENOUS KNOWLEDGE PRODUCTION IN AFRICA

 

Gendered Violence in Intimate Relationships in the Context of Law, Culture and Religion in Nigeria

 

 

JC Diala

Stellenbosch University, South Africa. Email: jcdiala@sun.ac.za

 

 

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ABSTRACT

Gender-based violence (GBV) is a serious human rights violation whose resilience against comprehensive laws calls for a reappraisal of the interplay of the key factors that influence its persistence. What is the link between the resilience of GBV and socio-economic forces such as religion, culture and tradition? This paper is inspired by the death of a popular Nigerian gospel singer, Mrs Osinachi Nwachukwu, on 8 April 2022. Although the real cause of her death was not confirmed through an official autopsy, there was widespread speculation that her death arose from intimate partner violence (IPV). It sparked a heated debate among Nigerians, especially the Christian community, on the issue of GBV, especially the role of religious authorities in combatting IPV. Her death also raised concerns about the institution of marriage, bridewealth, women's marginalisation, and the role of the law. Using a literature review and drawing from the best legislative and institutional practices from Kenya, South Africa, and Rwanda, this paper highlights challenges in the legal framework and its implementation, as well as harmful norms and religious beliefs that prompt and perpetuate IPV in Nigeria.

Keywords: Intimate partner violence; bridewealth; religion; marriage; culture.

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1 Introduction

This paper investigates the link between the resilience of gender-based violence (GBV) and socio-economic forces such as religion, culture, and tradition. The result of this investigation is significant for policymakers given the influence of these forces on the persistence of GBV and the effectiveness of GBV laws. GBV manifests within structural gender dynamics and is reinforced by cultural norms.¹ Studies have shown that GBV affects both men and women alike, but disproportionately affects women and girls, for several reasons.² These reasons range from patriarchy, toxic masculinities and lack of economic resources to harmful gender and cultural norms.³ GBV includes sexual harassment, rape, child, early or forced marriage, IPV, and female genital mutilation among other things.⁴

GBV as a human rights violation has spurred global interventions in the form of treaties and conventions which provide a legal framework for the fight for its eradication. According to Article 3 of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women of 1994, "every woman has the right to be free from violence in both the public and private spheres." This establishes freedom from violence as a fundamental human right.⁵ By obliging member states in Articles 3, 5, 7 and 11 to take appropriate measures to eliminate discrimination against women in both the private and the public domains, the Convention on the Elimination of Discrimination of Violence against Women, 1979 (CEDAW) targets powerful socioeconomic forces such as harmful social norms that sustain and influence gender roles and perceptions of GBV. Article 4 of the Declaration on the Elimination of Violence against Women, 1993 (DEVAW) obliges states to:

condemn violence against women and ... not [to] invoke any custom, tradition or religious consideration to avoid their obligations with respect to its elimination.

Significantly Article 4 of DEVAW ensures that culture and religion are not used as an excuse to abuse women. Section D (chapter 4) of the Beijing Declaration and Platform of Action (1995) provides strategies for the elimination and prevention of gender-based violence. These include the development of a

holistic and multidisciplinary approach to the challenging task of promoting families, training of all officials in humanitarian and human rights law and the punishment of perpetrators of violent acts against women.⁶

Regionally, Article 3(4) of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women, 2003 (the Maputo Protocol) provides that women shall be protected against all forms of violence. Article 4 of the Maputo Protocol enjoins all states to enact laws that prohibit all forms of violence against women. Nationally, sections 33(1), 34(1) and 42(2) of the 1999 Constitution of the Federal Republic of Nigeria (the 1999 Constitution) guarantee gender equality and respect for human dignity. The 1999 Constitution does not expressly provide for the right to security and freedom from violence in the same manner that this is stipulated in section 12 of the South African Constitution and sections 25(a) and 29(d) of the Kenyan Constitution. It merely provides in section 14(2) that the people's security and welfare shall be the government's primary purpose and in section 34(a) that no person shall be subjected "to torture or inhumane or degrading treatment".⁷ Rwanda's Constitution of 2003 (amended in 2015) has a provision similar to section 34(a) of the 1999 Constitution of Nigeria, except that it added "physical abuse".

The enumeration of the legal interventions cited above is significant to show the extensive work that has been done to create viable legal guidelines to support the fight against GBV. Although Nigeria has ratified and domesticated most of these international treaties, GBV/IPV persists.⁸ To some extent this persistence is sustained by cultural, religious, traditional and gender-inequitable attitudes, values, beliefs and norms.⁹ This paper highlights challenges to the legal framework and its implementation, as well as harmful norms and religious beliefs that prompt and perpetuate GBV, particularly IPV, in Nigeria.

Over time the spate of acts of IPV in Nigeria has grown to the point of an alarming rise in the number of recorded deaths and bodily harm to women and girls.¹⁰ The alleged death via IPV of a popular Nigerian gospel singer, Mrs Osinachi Nwachukwu, sparked a heated debate among Nigerians on IPV, especially in the Christian community.¹¹ The shock of her death raised serious concerns about bridewealth payment, gender inequality and the role of the family, the church and the law in protecting women from violence. Given that family roles and stereotypes are socially ascribed according to gender identity and given how the nexus between patriarchy and IPV affects women, this paper seeks to examine how religious values, the existence of loopholes in the law and its poor implementation influence women's agency and sustain violent attitudes against women. As almost 96% of Nigerians identify as religious, religious orientation is significant in how women negotiate blame, stigma and struggles against IPV.¹²

The paper's methodology relies on a literature review and critical analysis of legislation. It argues that the underlying factors fuelling IPV go beyond patriarchy to include religion and weak legal frameworks, and that religious orientation both enhances and undermines women's agency. The paper proceeds in six parts. Following this introduction, part two critically examines IPV at the intersection of law and culture. It presents law and culture as a complex mixture of human practices, social networks and structures that sustain and undermine [mis]conceptions of IPV. Part three examines how religious beliefs construct behaviours around GBV/IPV. This analysis involves biblical references and their corresponding impact on women's agency.¹³ Part three thus aims to demonstrate the role of religious culture in sustaining IPV. Part four shows the gendered implications of the interaction of law, culture and religion for IPV. Part five very briefly examines and draws from the best practices of countries such as Kenya, Rwanda, and South Africa to offer recommendations on solving issues related to GBV in the Nigerian context.¹⁴ Part six calls for legislative action and strong institutions for effective and sustained implementation.

 

2 What have law and culture got to do with IPV?

IPV is a consequence of the intersection of structural systems or factors -legal, social, cultural or political.¹⁵ These systems have structures that undermine and sustain [mis]conceptions of IPV and so influence women's ability to exercise their rights.¹⁶ While state laws recognise and guarantee these rights for the most part, other semi-autonomous fields such as custom, family and religion also play significant roles. These fields "whose boundaries are recognised by a processual characteristic, can generate rules and coerce or induce compliance to them."¹⁷

IPV is deeply embedded in traditional practices which form part of the semi-autonomous fields¹⁸ referred to in the paragraph above. Most of these semi-autonomous fields are yet to keep up with changing times.¹⁹ They include practices such as wife battery, forced/early/child marriages, female genital mutilation, bridewealth payment and women's disinheritance, most of which are sustained by patriarchal ideologies.²⁰ Nigeria, Africa's most populous state, which is made up of 36 states, is home to about 374 ethnic groups. The diverse social norms and cultural practices of these ethnic groups influence their perceptions of IPV.²¹ It is beyond the scope of this paper to discuss the ethnic groups and their perceptions of IPV. Only a few examples of these practices will be selected and linked to the major ethnic groups, the Ibos, the Yorubas and the Hausas.²²

2.1 IPV and culture - distortion of bridewealth payment

Nigeria has strong patriarchal social structures that give men more power than women, which enables men to dominate women in both the private and the public domains.²³ This patriarchal system thrives on unequal power relations that are socially constructed.²⁴ Unequal power relations and IPV are further exacerbated by the payment of bridewealth,²⁵ which is a widespread practice that formally legitimises marriage in most traditional societies in sub-Saharan Africa.²⁶ However, the meaning and significance of this practice have been greatly transformed due to its commercialisation with the introduction of the cash economy.²⁷

Notably, bridewealth varies from society to society, both in form and in size,²⁸ which are based on factors such as the woman's degree of beauty, her education and her marital history.²⁹ For instance, in the past the Fulanis accepted cattle, dresses and other items as bridewealth.³⁰ However, due to the influence of globalisation these items have largely been replaced by cash. Similarly, the Yorubas have mostly replaced traditional labour services with cash and other items such as clothes and foodstuffs.³¹ In south-east Nigeria, for instance, the bridewealth sum differs based on the level of education, the marital history, etc.³² The categorisation of women is disconcerting because it impacts on their human dignity and their right to equal treatment.³³ In addition there is the issue of the normative constraints (for example on women's sexual reproductive rights) brought about by the obligations that accompany bridewealth payments.³⁴ As noted by Enemo:

A wife, on whose head bride price has been paid, does not take part in important family decisions, and these include decisions even concerning her. In the area of reproductive health, she has no say, yet she has rights. She has no say on when and when not to engage in sexual intercourse with her husband. She will not participate in any decision about childbearing; neither can she negotiate the use of contraceptives.³⁵

Arguably the respective rights and obligations acquired by men and women from the payment of bridewealth have important implications for their social relations.³⁶ As stated earlier, the distortion of bridewealth payment that led to its commercialisation and demand for high sums has made most men think that women are their property.³⁷ One of the research participants in Ajayi, Chantler and Radford's study on how cultural beliefs, norms, and practices such as the payment of bridewealth contribute to sexual abuse and violence among Nigerian women in the diaspora notes that:

Even when you are not comfortable having like sex or whatever, he will force you to do it because he will say, I got married to you you need to have children. I [must] have sex with you anytime I want, you are my property, which now that am here, I find ... that _ abusive, but when we are back home, we took it [like] that, that is what tradition expects us to do.³⁸

Since the payment of bridewealth legalises marriage, a return of bridewealth dissolves or shows the dissolution of marriage. Where the bridewealth is not returned, the wives are forced to endure abuse and violence in the marriage.³⁹ It is against this notion that the Ugandan courts outlawed the return of bridewealth upon divorce to enable women to leave abusive relationships.⁴⁰ This practice is worthy of replication in Nigeria.

Arguably, IPV predominantly occurs because women are culturally conditioned to accept and endure abusive behaviour.⁴¹ Their conditioning starts from childhood and extends to mate selection and bridewealth negotiation/payment.⁴² For instance, during the process of negotiating the bridewealth payment the groom is allowed to participate in the negotiation, whereas the bride is excluded.⁴³ This exclusion constrains her ability to express her views on matters that concern her.⁴⁴

The distortion of bridewealth, family orientation and cultural values all contribute to women remaining in abusive marriages, and enable oppression by men.⁴⁵ This should change and could be changing. Women are beginning to use different agentic tools such as education and urbanisation to navigate their cultural constraints and reclaim their rights.⁴⁶Since bridewealth payment persists because of the cultural right and identity it bestows on its observers, many parents have employed the token practice.⁴⁷ In this regard the parents of the bride ask for the stipulated amount in the marriage list but take only a small part of it as a token, and return the rest to the groom.⁴⁸ The purpose is to validate the marriage and show that their daughter is not for sale (de-commercialising the bridewealth practice).⁴⁹ For example, the people of Galole Orma in Kenya have seen a decline in bridewealth payment brought about by the increasing bargaining power of young men and women.⁵⁰ There seems to be no reason why such a practice cannot be replicated in Nigeria and indeed in other African traditional societies. Many scholars argue that the cultural significance of bridewealth payment is overrated, that it promotes violence, and that it discriminates against women.⁵¹ As Vengesayi says:

As long as the lobola system exists (as it is), women will never be free and equal members of society because men will not regard them as such.⁵²

The above statement holds true for the degree of change the world has undergone. The idea that the payment of bridewealth is a token indicating the great value of the bride accords with the notion of gender equality and should therefore be encouraged.

2.2 IPV and culture - women's purity and wife beating

Without putting all the blame on bridewealth payment, an understanding of the extent to which other traditional practices encourage women's tolerance of IPV is important. In most communities such as the Muslim community in northern Nigeria and the Urhobo community in the south, women are expected to be chaste before marriage and to have sexual relations only with their husbands.⁵³ The fact that only women are penalised for promiscuity is significant.⁵⁴ This practice is further supported by a contextual misinterpretation of the biblical provisions in Deuteronomy 22 vs 13-21, which stipulate that a woman proven to have lost her virginity before marriage is to be stoned to death. The disgrace or stigma that accompanies discovery of their loss of their virginity forces women to endure abuse or violence from their partners.

Given that particular social roles are socially ascribed to men and women, the gatekeepers of these norms make it a point of duty to preserve the sanctity of marriage - family. They often blame the woman for failing to uphold her responsibilities of maintaining familial harmony.⁵⁵ Contrariwise, they applaud the man who is assigned an aggressive and dominant nature for how he uses it.⁵⁶ Consequently, individuals who identify with patriarchal cultural values seemingly tolerate IPV and face strong societal pressures to avoid the stigma that accompanies divorce.⁵⁷ This is the case with wife beating, which is common in Nigeria.⁵⁸ Studies show that most women have accepted battery as a facet of their culture and as a way of being disciplined.⁵⁹ A study by Awolaran, OlaOlorun, and Asuzu on the prevalence of women's experiences of IPV shows that a great number of women especially in rural areas justify and accept wife beating as being customary.⁶⁰ This acceptance reinforces GBV-IPV and gender inequality.

2.3 IPV in the context of law and politics

Arguably, the basic structures of society are "susceptible to conscious human control" and the tool for such control is the law.⁶¹ However, many scholars have argued that it is society that controls the law.⁶² Irrespective, the importance of law cannot be overemphasised. In terms of the protection of women and the promotion of their rights, Nigeria's poor legal framework and implementation of the relevant laws have resulted in a failure to respond effectively to gender-related issues such as IPV.⁶³

Before offering any further analysis, it would be proper to contextualise women's political position in Nigeria. This is because women's participation in politics will contribute to diversity and objectivity when enacting gender-responsive legislation.⁶⁴

2.3.1 Politics and IPV

Women make up nearly half of the population of Nigeria.⁶⁵ A survey report published in February 2022 by Statista Research Department on the Gender representation in Nigeria's Parliament from 1993-2019 shows that the extent of women's participation in politics is meagre.⁶⁶ According to the report, only 7 out of the 109 senators and 22 out of the 360 House of Representatives members are women (i.e., 29 out of 469 in total). This is appalling, especially for a country that commits to equality and fairness.⁶⁷As Nigeria is a patriarchal society, masculine ideologies have found their way into Nigeria's legislative body.⁶⁸ Consequently, gender-responsive laws are at risk.

Early in 2022 68 bills were tabled before Parliament, of which 5 sought to secure more opportunities for women in political parties and governance and to create special seats for women in National and State Assemblies.⁶⁹All of these bills were rejected. Their rejection led to protests by women calling for Parliament to pass the rejected bills.⁷⁰ They asked that 35% of the seats be allocated to women, up from 4%. One may argue that 35% of the seats would not be sufficient to get women actively involved in politics. It would obviate the need to competing with men for some seats, however.⁷¹It would also create an avenue to deal with underlying barriers such as the "lack of trust among women, the fear of success or rejection, fear of popularity, violence inherent in politics and importantly, the entrenched, obnoxious socio-cultural structures and patriarchy" that women face during election campaigns.⁷²

Would getting women actively involved in politics enhance their rights and improve gender-responsive policy and law-making? The answer is yes. It would certainly create room for diverse and new ideas. It would improve women's negotiation skills and confidence and impact positively on the economy.⁷³ The danger of eliciting a one-sided (male) opinion on policymaking cannot be overstressed. In 2016 the Gender and Equal Opportunities Bill, which sought to protect women's land rights, address violence against women and eliminate discrimination in politics, education, and employment was dismissed, the rejection being based mostly on religious and cultural grounds.⁷⁴ In 2019 the bill was tabled again, and once again failed to be passed for the same reasons. In explaining the reasons for their rejection of the bill, a senator noted that the bill contradicted Islamic canons. According to him:

When it comes to socio-cultural practices, it is wrong. If they say 'equity', it is okay, but equality, no. It infringes on the Islamic religion and for that reason, I do not support this bill.⁷⁵

Likewise, another senator argued that the bill attempted to make women equal to men and contradicted Islamic tenets. The senator emphatically stated:

I will not support the passage of this unless the word 'equal' is removed. If we, have it as 'Gender Opportunities Bill', fine, but when you bring equality into it, it infringes [on] the practice of the Islamic religion.⁷⁶

The approval of the National Gender Policy on 2 March 2022 may well be a necessary development and a step in the right direction. It presents a set of minimum standards expected of the Nigerian government in promote gender equality, accountability and social responsiveness to the needs of vulnerable groups.⁷⁷ The implementation of this policy, however, has yet to occur.

2.3.2 Law and IPV in Nigeria

The interplay of patriarchy, religious and cultural values and state laws reflects Nigeria's legally pluralistic condition.⁷⁸ This interplay creates conflict that affects women and limits their ability to exercise their rights. The conflict manifests in the choice, interpretation and application of laws. It is thus no surprise that efforts to promote gender equality are often frustrated. Furthermore, the absence of state laws on domestic violence except in Lagos and Abuja does not help in the eradication of IPV. Even where they exist, implementing such laws is challenging.⁷⁹ While the 1999 Constitution and legal policies discourage violence against women there are still other laws that encourage the practice. For instance, the Penal Code applicable in the North provides that:

Nothing is an offence which does not amount to infliction of grievous hurt upon any person which is done by a husband for the purpose of correcting his wife, such husband and wife being subject to any native law and custom under which such correction is lawful.⁸⁰

The above empowers men to abuse their wives.⁸¹ Generally GBV is a criminal offence in Nigeria.⁸² Thus, victims of GBV can rely on the Criminal Code (CC).⁸³ However, the Criminal Code applies only to the southern region. Its provisions favour men rather than women. For instance, it describes a physical attack as a misdemeanour for which the offender is liable to one year of imprisonment.⁸⁴ Interestingly, section 353 of the CC specifically provides that any assault on a "male" is a "felony" for which the offender is liable for three years of imprisonment. So for women a physical attack is a misdemeanour but for men it is a felony. This reflects the legislative injustice with respect to the treatment of the genders in Nigeria, which situation promotes the scourge of IPV.

2.3.3 Current laws on domestic violence (DV)

The overarching Act which offers legal protection from DV is the Violence against Persons (Prohibition) Act (2015) (VAPPA). However, VAPPA is applicable only to offences committed in the Federal Capital Territory Abuja and is subject to adoption by other states. Of Nigeria's 36 states, only 13 have adopted the Act. Many of the 23 that have not adopted it are in northern Nigeria, which is governed by the penal code. Lagos State, one of the 13 states, is at the forefront of the fight against GBV.⁸⁵ It has one of the most all-encompassing, victim-centred, and punitive laws on domestic violence in the country, called the Protection against Domestic Violence Law of Lagos State, 2007. This law makes provision for active institutions such as women's refuge centres, a victim protection agency and a GBV specialist court.⁸⁶ The response team comprises the Ministry of Justice, doctors from the Ministry of Health, representatives from the Ministry of Youth, the Ministry of Women Affairs and the Nigerian Police. The aim is to provide a multisectoral approach to DV and to enhance the swift administration of justice.

In 2014 a sex offender's register maintained in terms of the Mandatory Reporting Policy was introduced in areas with the highest number of cases of GBV in Lagos State. The register, which is maintained by the Ministry of Justice, the Lagos State Judiciary, the Nigeria Correctional Services and the Nigeria Police, allows for the reporting and documenting of all cases of GBV. In 2016 a campaign tagged the "walk campaign" was organised by the then governor of Lagos State to create awareness of the dangers of GBV and to prompt courts to speedily dispense justice by adjudicating pending cases of GBV. The walk campaign was effective as a total of 852 cases of domestic violence and related cases were recorded in Lagos State in 2017.⁸⁷ Between May 2019 and August 2021 the state recorded 10,007 reported cases of domestic violence.⁸⁸ Other states are also working hard on adopting or passing relevant laws.⁸⁹ These include the Ekiti State Gender-Based Violence Law, the Abia State Abolition of Widowhood Practices Bill (2017), Rivers State Prohibition of the Curtailment of Women's Right to Share in Family Property Law No 2 of 2022, the Edo State Law on Violence against Women, 2007, the Ogun State Violence against Persons Bill (2016), the Ebonyi State Protection against Domestic Violence Law, 2007, and the Cross River Domestic Violence and Maltreatment of Widows' Prohibition Law, 2014. Though the laws in these states are not as comprehensive as the laws of Lagos state, these developments show prospects of criminalising GBV. For instance, the Ekiti state GBV law provides for the creation of a specialised court in at least 3 Senatorial Districts of the state to hear cases of GBV. In June 2021 its Sexual Assault Referral Centre recorded 139 GBV cases of gender-based violence within one year of its establishment.⁹⁰ On the other hand, Zamfara State passed the Child Rights Bill into law on 16 August 2022.⁹¹ The multi-faceted approach undertaken by Lagos State is a great model for the nation to emulate in terms of curbing GBV.

 

3 IPV and religious beliefs

Arguably IPV transcends socio-economic boundaries, law and religion. Nigeria is a religiously pluralistic state.⁹² Religion plays a key role in sustaining or curbing GBV. Christianity and Islam are the two major religions in Nigeria,⁹³ but in exploring the complex and controversial relationship between religion and IPV and how this relationship influences behaviour around GBV this paper focusses primarily on Christianity.⁹⁴

Religion is an institutional and personal reality for many Nigerians.⁹⁵Therefore religious leaders influence and exercise real powers over their followers.⁹⁶ Their teachings may serve as a barrier against IPV or a source of strength for most women that experience such violence,⁹⁷ but many churches avoid challenging discriminatory social norms that undermine women's dignity, thereby providing a platform for violence against women.⁹⁸Many biblical verses are misinterpreted or misconceived to reinforce GBV or IPV.

3.1 Biblical misconceptions on IPV

Many misinterpreted verses in the Bible are used to reinforce cultural and traditional practices that oppress women. For example, Ephesians 5: 22-24 says:

Wives, submit to your husbands as to the Lord, because the husband is the head of the wife as Christ is the head of the church. He is the Saviour of the body. Now as the church submits to Christ, so also wives are to submit to their husbands in everything.

Most religious leaders do not emphasise the provision of verse 25, which says "[h]usbands, love your wives, just as Christ loved the church and gave himself for her." Furthermore, I Corinthians 14:34-35 states:

[T]he women should be silent in the churches, for they are not permitted to speak, but are to submit themselves, as the law also says. If they want to learn something, let them ask their own husbands at home, since it is disgraceful for a woman to speak in the church.

But Ephesians 5:33 states: "[h]owever, each one of you also must love his wife as he loves himself and the wife must respect her husband." Because of the existence of this verse, many men argue that they are obliged only to love their wives and need not respect them. But it is illogical to love someone without respecting the person.

3.2 Biblical references that undermine GBV

It is important to point out that the teachings of Jesus Christ found in the New Testament section of the Bible, plus the faith and belief of the followers in Christ the founder of the religion form the basis of Christianity. If Christian men emulate Christ's life, and love as Christ loved, then it is safe to say that the teachings of the Bible are misconstrued in most instances of GBV. The social setting during Jesus' time was strongly gendered, but his teachings spoke otherwise. As already explained, perpetrators or supporters of GBV read Bible verses only selectively. Ephesians 5:22-24 is not read with verse 25, and in conjunction with Colossians 3:19, which states "[h]usbands, love your wives and do not be harsh with them" and Psalm 11:5 that says, "[t]he Lord tests the righteous, but his soul hates the wicked and the one who loves violence". If the teachings of the Bible⁹⁹ are to be construed holistically, then it can be argued that Christian perpetrators of IPV do not obey God's word.

1 Timothy 2:11-12 states that: "[a] woman should learn in quietness and full submission. I do not permit a woman to teach or to assume authority over a man, she must be quiet." Yet the same Bible recorded the prowess of women as leaders over men such as Ruth, Deborah, Esther, Miriam, Huldah, Lydia and Priscilla.¹⁰⁰ Indeed, Acts of the Apostles 2:17-18 refutes 1 Timothy 2:11-12 by stating that God will pour out His Spirit on all people, including men and women. A literal interpretation suggests that women are granted the right to "prophesy" and speak the Word of God in the church. If Psalms 11:5 and 7 are anything to go by, then it is safe to say that God abhors any form of violence.¹⁰¹

The Bible demonstrates that God is always on the side of the oppressed, and desires to transform society for those who are burdened, marginalised or unjustly treated.¹⁰² Any discussion on Christian marital relationships must therefore embody biblical attitudes of love, self-sacrifice and mutual submission.¹⁰³ Men and women are equal before God (and the law) and have complementary roles to play.¹⁰⁴ When believers or religious leaders in their interpretations endorse traditions that foster uneven power relations, they must stop and ask themselves: "is this the will of God? Is this the truth?" The new and greatest command/law of Jesus per the Bible, which is considered the Christian religious manual, is to "love one another".¹⁰⁵

The link between IPV and religion cannot be examined without discussing divorce. What is the position of the Bible on divorce? What advice are religious leaders giving on divorce? Some religious women are enduring abusive treatment because 1 Corinthians 7: 10-11 prohibits divorce and remarriage.¹⁰⁶ Furthermore, Malachi 2:16 states that "God hates divorce". However, the second part of the verse speaks about covering one's garment with violence. So, just as God hates divorce, he also hates violence and allows for separation from an abusive partner.¹⁰⁷ Although physical abuse is not emphatically stated as a ground for divorce,¹⁰⁸ it can be inferred from the scriptures below that Christians should not associate with an abusive or violent person.¹⁰⁹ 2 Timothy 3:1-5 enjoins Christians to dissociate themselves from an abusive person. Similarly, Proverbs 27:12; 22:3 advises a prudent man/woman to escape from danger. Generally, scripture urges Christians to love one another. If IPV is consistently not prioritised or glossed over by the church to maintain the social order of the faith, then the cycle of abuse will be reinforced across generations. Therefore, in the discourse around GBV/IPV and the cultural factors that sustain it, the influence of religion/religious culture is significant.¹¹⁰

 

4 Gendered implications of the interaction of law, culture, and religion for IPV

What are the gendered effects of the interplay of law, culture and religion for IPV in Nigeria? This question is significant because society evolves. The interaction of law, religion and culture creates a complex and systemic environment that perpetuates normalised or institutionalised violence against women. First, religious and cultural beliefs are matters of opinion, experience and upbringing.¹¹¹ Second, the relationship between culture and religion is a complex one. On the one hand, culture expresses how an individual understands and perceives the world.¹¹² On the other hand, religion is the "symbolic expression" and response to that which people purposefully acknowledge as being of "unrestricted value to them".¹¹³ As Abdullah puts it, the relationship between culture and religion influences the creation of societal norms and values.¹¹⁴ Thirdly, culture is the scapegoat in many human rights violations.¹¹⁵ Suffice it to say that the constitutional right to freedom of association shows the complex relationship between law, culture and religion.¹¹⁶

The prohibition of the federal and state governments from adopting a state religion under section 38 of the 1999 Constitution and the relegation of religious and cultural practices/beliefs to a private domain create complex power relations that blur the extent to which the state can interfere in the lives of its citizens, especially in the context of IPV.

Despite its serious nature there is a dearth of cases of GBV in Nigeria especially of IPV, for various reasons. First, people rarely report cases involving abuse in relationships. Second, most reported cases are not successfully prosecuted because they are regarded as reflecting a breakdown in family relationships.¹¹⁷ This was the situation in IHRDA and WARDC (on behalf of Mary Sunday) v The Federal Republic of Nigeria,¹¹⁸a case that is developing jurisprudence on GBV in Nigeria. The victim, Ms Mary Sunday, and her fiancé, Corporal Gbanwuan, had an argument that resulted in physical injuries.¹¹⁹ The Women Advocates Research Documentation Centre (WARDC) and the Institute for Human Rights and Development in Africa (IHRDA) instituted an action on behalf of Ms Sunday at the ECOWAS Community Court of Justice (the Court).¹²⁰ They alleged that since the attack the Nigerian authorities had failed to carry out an independent and impartial investigation into the allegations of severe domestic violence suffered by Ms Sunday.¹²¹

In the Mary Sunday case the court rejected the defence proffered, on the grounds that the private nature of an incident was not a justifiable reason for dismissing a case when it came to a victim's right to access justice and a legal remedy.¹²² What this means is that even though the state's interference in private matters should be restricted to the barest minimum, cases of harm caused to another or violations of human rights should be an exception.¹²³

Since GBV is a criminal offence in Nigeria, the police have the primary responsibility of ensuring that offenders are brought to account.¹²⁴ When the police fail to carry out their duties of properly investigating GBV crimes, for example, this creates a loophole in the implementation of the law. Consequently, the offender is released back into society, with the risk of committing further offences. In State v Akingbade Gabriel, the accused was charged with the offence of raping a 20-year-old girl.¹²⁵ Even though he was found to have committed the offence, he was discharged and acquitted since there was no corroboration of the victim's statement.¹²⁶ According to the court,

I have no doubt that the accused took most improper liberties with the girl who was only anxious to get a job... It (is however) difficult to discover the necessary corroborative evidence in this case. The girl's prompt report or complaint to her parents is certainly not corroborative evidence....

These examples show societal attitudes toward domestic violence and the lack of commitment on the part of institutional bodies to fight GBV.¹²⁷ Since the burden of proof rests with the prosecution in criminal matters, the police should be diligent in investigating and prosecuting cases of GBV.¹²⁸

The third reason for the dearth of cases is that most cases of DV are adjudicated as grounds for divorce or judicial separation rather than as individual offences.¹²⁹ Thus, to escape an abusive marriage through divorce a woman must, under sections 15(2)(c) and 16(1)(e) of the Matrimonial Causes Act (MCA), prove that the marriage has broken down irretrievably such that she cannot reasonably be expected to live with the respondent.¹³⁰According to section 16(1)(e)(i)(ii) of the MCA, divorce can be upheld if the petitioner satisfies the court that within a period of one year immediately preceding the date of the petition the respondent has been convicted of (i) having attempted to murder or unlawfully kill the petitioner, or (ii) having committed an offence involving the intentional infliction of grievous harm or grievous hurt on the petitioner, or the intent to do so. These provisions are preposterous, since victims can leave abusive partners only if they can secure convictions against the respondents for attempting to kill or inflict grave harm on them. For the first two reasons given above it is almost impossible to secure this conviction or to leave an abusive marriage.¹³¹ This is a deficiency in the law that needs to be remedied, for it delays the dispensation of justice, contributes to the dearth of cases, and reflects the state's lack of commitment to the protection of women's rights.¹³²

As a pluralistic state Nigeria should not have legal loopholes that encourage perpetrators of GBV. In terms of religion, for instance, religious leaders should speak more about IPV during marriage classes and in their sermons. Whereas the Church should be a safe place for the oppressed, it is often synonymous with abuse. The reason is that most religious women (and men) who avoid divorce or endure abuse from their partners do so because of the blame and stigma that is attached to it.¹³³ They endure violence because of the complex web of links between religion, violence, fear and family.¹³⁴ Interestingly, this blame and stigma come mostly from members of the same faith community.¹³⁵ Religious leaders must as a matter of urgency show in their teachings the need to appreciate human life and preserve human dignity, thus shifting societal attitudes towards divorce and behaviours relating to violence against women.¹³⁶

Since law is regarded as "the prophecies of what the courts will do in fact" (interpretation) according to Holmes Jr, the role of the courts in the administration of justice cannot be overemphasised.¹³⁷ GBV could be adequately dealt with if all stages of prevention, prosecution and the services provided to victims were secured. This includes the enactment and adoption of a state law that criminalises GBV of all forms, the empowerment of the police and medical practitioners to do their duty, and of the judiciary to dispense justice swiftly and create public awareness of the offence and its consequences.

 

5 Best African practices

The existing laws in Nigeria lack strict penalties on GBV. These laws include but are not limited to the MCA, the Constitution, and national law on GBV.¹³⁸As an instrument of social change law is a useful weapon in the hands of legislators and policymakers to effect the much-needed shift in normative behaviour. Nigeria should as a matter of urgency put in place specific gender-based laws to deal with the rising number of cases of GBV. This is evident in the data collected by the Nigerian government from two-thirds of the states, which demonstrates a 149% increase in reports of GBV from March to April 2020.¹³⁹ Countries like South Africa have specific laws such as the Domestic Violence Act 116 of 1998 (hereafter the DVA) that cover all forms of abuse.¹⁴⁰ The DVA offers a civil remedy for domestic violence.¹⁴¹Additionally, the complainant can obtain a protection order against the abuser and can separately use criminal law to open a criminal case against the abuser simultaneously.¹⁴² Even though South Africa has one of the highest rates of IPV in the world, it has an accessible reporting and response system, which is not true of Nigeria.¹⁴³ The fact that South Africa has the highest rates of reported IPV, arguably due to the effective reporting systems, shows that the country has records of the cases, whilst cases of IPV go unreported in most Nigerian states. Having a functional data-collection system is important for the successful implementation of preventative measures and for providing better-informed responses.

Rwanda has taken critical steps towards eradicating GBV by enacting laws. For example, it passed the Prevention and Punishment of Gender-Based Violence Law in 2008.¹⁴⁴ The Law adopts zero tolerance towards GBV by making GBV a ground for divorce (article 6), providing redress, catering (in terms of protection and rehabilitation) for the victims/survivors of violence (article 10), and punishing the perpetrators of GBV (article 20). In terms of institutional and administrative intervention Rwanda has free hotlines and one-stop centres that provide services to victims/survivors of GBV.¹⁴⁵ The service providers are trained to investigate, address and deliver appropriate services.¹⁴⁶ The one-stop centres provide an immediate response to the needs of the survivors. These responses range from legal, psychosocial, police and medical services. An examination of the impact of these centres on violence against women and girls shows that the legal support provided led to 47% of perpetrators being arrested. 31% of this number were prosecuted, 25% imprisoned, and 13% divorced.¹⁴⁷ Just as in South Africa, these interventions are not without challenges. There are still challenges regarding the lack of forensic evidence to support cases in courts and the delayed reporting of cases by women due to the stigma of being labelled a divorcee.¹⁴⁸ However, the contribution of the legislative and regulatory interventions in criminalising and supporting victims/survivors of all forms of GBV cannot be ignored.

Kenya, on the other hand, has enacted laws such as the Protection Against Domestic Violence Act (PADV Act) that offer protection and relief for victims of GBV, especially those in intimate relationships.¹⁴⁹ The Act allows the court to offer such a civil remedy for domestic violence as it deems just and reasonable.¹⁵⁰ Other laws include the Prohibition of Female Genital Mutilation Act,¹⁵¹ which protects the rights of women and girls against harmful cultural practices, and the Sexual Offences Act,¹⁵² which prohibits and protects persons from all forms of sexual violence and abuse. The implementation of these policy frameworks is fraught with challenges such as cultural, and religious beliefs, a lack of resources (funding and administrative support), a lack of awareness in the rural areas, and the lack of a monitoring framework.¹⁵³ Kenya has also adopted a GBV indicator in the government's performance monitoring to ensure that the accountability and implementation of GBV laws are tracked.¹⁵⁴

In terms of women's participation in governance, Rwanda and South Africa have used a proportional representation system to increase and ensure the numerical representation of women in the legislature.¹⁵⁵ In Rwanda and South Africa, 64% and 47% of political positions are held by women respectively.¹⁵⁶ Women's proportional representation in the political domain of these countries has helped to amplify women's voices and achieve "additional gender-focused policy initiatives".¹⁵⁷ Although there are still challenges and GBV persists in these countries despite the existing interventions, their legal and institutional interventions are worth replicating in all states in Nigeria.

 

6 Conclusion and recommendations

GBV and IPV involve a complex interplay of cultural, religious, legal and economic factors. Their resilient nature in Nigeria is evident in the prevalence of harmful practices with deep roots in religion and culture, which are sustained by weak legal frameworks and the poor implementation of laws.¹⁵⁸ On the one hand, cultural practices such as bridewealth payment (in its distorted form) and wife beating, inter alia, sustain GBV/IPV by their tendency to limit women's agency to choose or express their views in matters affecting them.¹⁵⁹ On the other hand, religion seemingly promotes the protection of its believers through its interpretation of biblical provisions in patriarchal ways. As shown in the article, patriarchal interpretations are given to religious teachings to accommodate the interest of men as the dominant social group and reinforce the subordinate position of women. So, what needs to be done?

First, religion is a personal reality for most people in Nigeria and strongly influences their behaviour.¹⁶⁰ Indubitably the authority of religious leaders is persuasive, and the voice of such religious leaders is very influential and considered binding on the followers of the religion in some respects. Thus, religious leaders need to leverage their influence and condemn all forms of GBV in their teachings. Rather than attaching importance to saving abusive marriages or offering quick-fix solutions, religious groups should invest in training their clergies in positive/practical/helpful responses to GBV issues and creating various support groups for victims of GBV.

Second, the multiplicity of laws in Nigeria makes it difficult to regulate GBV/IPV due to the tensions that arise out of their interaction. The regulation of GBV is also difficult because most cases are treated as private matters. However, GBV/IPV has transcended the private domain. State governments should therefore create a strategy that involves communities both in the drafting and implementation of GBV laws. Their participation will expose community perceptions and the lived realities that perpetuate GBV/IPV.

Third, there are regulatory deficiencies that encourage GBV, discourage the reporting and prosecution of GBV, and delay the dispensation of justice in GBV trials. These deficiencies reflect the state's lack of commitment to the protection of women's rights. Laws such as the MCA need urgent amendment. For example, section 16(1) of the MCA provides that the victim or petitioner cannot leave an abusive relationship until a conviction of the respondent has been secured. This is not only unreasonable and illogical, but it also puts the petitioner's life at risk.¹⁶¹ In line with best practices in South Africa and Kenya, the amendment of the MCA and the Criminal Code should allow DV in marriage to be instituted as an individual offence rather than as a ground for divorce or judicial separation.

Fourth, urgent legislative measures should be taken to provide punitive punishment for GBV. Lagos State has taken a critical step in this regard. Other states should be mandated to adopt VAPPA and capacitate implementation structures such as the police, the judiciary, the Social Welfare Department, and health officials. As service providers these stakeholders should also be trained to offer better psychological support in issues of GBV.

Finally, other than policy reforms and a victim-centred approach, there is also the need to raise the awareness of GBV as a negative social phenomenon. Awareness campaigns would inform the victims/survivors of GBV of their rights, the existing remedial laws and policies, and the available support services. They could also help to identify potential GBV by alerting couples about the signs of abusive behaviour. The issue of funding cannot be overemphasised in raising awareness. Funding helps community-based and civil society organisations to empower women, strengthen their voices, support survivors and promote gender equality.

 

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List of Abbreviations

AHRLJ African Human Rights Law Journal AJPH American Journal of Public Health

AJRH African Journal of Reproductive Health

CC Criminal Code Act CAP 77, Laws of the Federation of Nigeria, 1990

CEDAW Convention on the Elimination of Discrimination of Violence against Women (1979)

DEVAW Declaration on the Elimination of Violence against Women (1993)

DV domestic violence

DVA Domestic Violence Act 116 of 1998

EHS Evolutionary Human Sciences

GBV Gender-based violence

Harv L Rev Harvard Law Review

IFE PsychologIA IJ IFE PsychologIA: An International Journal

IHRDA Institute for Human Rights and Development in Africa

IJDL International Journal of Discrimination and the Law

IJELS International Journal of Education and Literacy Studies

IJHSSE International Journal of Humanities Social Sciences and Education

IJISSHR International Journal of Innovative Social Sciences and Humanities Research

IPV intimate partner violence

JAAS Journal of Asian and African Studies

JAL Journal of African Law

JIV Journal of Interpersonal Violence

JLPG Journal of Law, Policy and Globalisation

JPCR Journal of Philosophy, Culture and Religion

LDD Law, Democracy and Development

MCA Matrimonial Causes Act CAP 220, Laws of the Federation of Nigeria, 1990

PADV Act Protection against Domestic Violence Act 2 of 2015

SAMJ South African Medical Journal

SGOJAHDS Sapientia Global Journal of Arts, Humanities

and Development Studies SRHM Sexual and Reproductive Health Matters

STJ Stellenbosch Theological Journal

TVA Trauma, Violence and Abuse

UN United Nations

VAPPA Violence against Persons (Prohibition) Act, 2015

WARDC Women Advocates Research Documentation Centre

 

 

Date Submitted: 22 January 2024
Date Revised: 29 February 2024
Date Accepted: 29 February 2024
Date Published: 25 November 2024

 

 

Guest Editor: Prof BM Mupangavanhu
Journal Editor: Prof C Rautenbach
* Jane C Diala. PhD (Public Law) LLM (Comparative Law in Africa (UCT)) LLB (Madonna University, Nigeria). Postdoctoral Research Fellow, Department of Private Law, Stellenbosch University, South Africa. Email: jcdiala@sun.ac.za. ORCiD: https://orcid.org/0000-0002-1413-0725.
1 Mshweshwe 2020 Heliyon 2.
2 Scott-Storey, O'Donnell and Ford-Gilboe 2022 TVA 858-860.
3 Oladepo, Yusuf and Arulogun 2011 AJRH 84.
4 Oyediran and Isiugo-Abanihe 2005 AJRH 39.
5 See the preamble to the UN Declaration on the Elimination of Violence against Women (1993) (DEVAW).
6 For more information on the Beijing Platform of Action 1995, see UN 1995 https://www.un.org/womenwatch/daw/beijing/pdf/BDPfA%20E.pdf.
7 The government has faltered since no strict measures have been taken against the drivers of violence and insecurity.
8 Nigeria ratified the Convention on the Elimination of Discrimination of Violence against Women (1979) (CEDAW) in 1985, and the Protocol to the African Charter on Human and People's Rights on the Rights of Women in Africa (2003) (Maputo Protocol) in 2004. As Nigeria is a state party, DEVAW is applicable, but it has no binding force. Nigeria adopted the Beijing Platform of Action in 1995.
9 Mshweshwe 2020 Heliyon 1-2.
10 Fawole, Okedare, and Reed 2021 BMC Women's Health 1.
11 Nwokocha 2023 Unizik Journal of Culture and Civilization 47; Olaoluwa 2022 https://www.bbc.com/news/world-africa-61067247.
12 Simister and Kowalewska 2016 Psychology 1634.
13 Because this paper was inspired by an incident which exemplifies GBV/IPV in the context of a Christian marriage involving Mrs Nwachukwu as already highlighted above, it is natural that the paper should examine GBV/IPV in the context of the Christian religion.
14 These three countries, like Nigeria, have a multiplicity of laws influenced by colonisation, and most people in the countries in question are Christian.
15 Uthman, Lawoko, and Moradi 2009 BMC International Health and Human Rights 12.
16 Ajayi, Chantler and Radford 2022 Violence against Women 465-466.
17 Moore Law as Process 57.
18 Chadambuka and Warria 2019 Social Work 303-304.
19 Msuya 2019 JAAS 1149-1150.
20 Matth ew 2022 IFE PsychologIA: IJ 29.
21 Linos et al 2013 AJPH 152-153.
22 Nwabunike and Tenkorang 2017 JIV 2753.
23 Jaiyeola 2020 Journal of Research on Women and Gender 5-7.
24 Sultana 2010 Arts Faculty Journal 2-3.
25 Diala 2021 LDD 24.
26 Isiugo-Abanihe 1995 Genus 152.
27 Isiugo-Abanihe 1995 Genus 152.
28 Ogbu 1978 American Ethnologist 246.
29 Such as whether she's been divorced, separated, widowed or never married.
30 Ali, Al-Yasa'U and Wushishi 2018 IJELS 35. The Fulanis are a tribe in Northern Nigeria dominated by the Hausas.
31 Eniola and Aremo 2020 JLPG 27.
32 Isiugo-Abanihe, 1995 Genus 152. The southeastern region is generally made up of Igbo speakers.
33 Vengesayi 2018 Pretoria Student Law Review 113.
34 Dodoo, Horne and Dodoo 2020 Social Problems 77-78.
35 Enemo "Legal Implications of 'Bride Price' or 'Dowry'" 35.
36 Fuseini and Francis I Bought You 3.
37 Akurugu, Domapielle and Jatoe 2021 JAAS 8-9.
38 Ajayi, Chantler and Radford 2022 Violence against Women 472.
39 Falana 2019 IJHSSE 137.
40 Biryabarema 2015 https://www.reuters.com/article/us-uganda-judgement-idUSKCN0QB29420150806.
41 The payment of large sums of money as bridewealth does not always lead to IPV or necessarily make women endure DV.
42 Oyediran and Isiugo-Abanihe 2005 AJRH 39.
43 Diala Interplay of Structure and Agency 143, 170.
44 Kaye, Mirembe and Johansson 2005 African Health Sciences 301-302.
45 Fernández 2006 Annals of the New York Academy of Sciences 250-251.
46 Alabi and Olonade "Complexities, Dynamism, and Changes" 100.
47 Diala Interplay of Structure and Agency 106.
48 Marriage list is a customary list that contains the formal requirements for traditional marriage. It also contains the required sum for the bridewealth itself.
49 Onyanga 2016 Priscilla Papers 1-4.
50 Ensminger and Knight 1997 Current Anthropology 12.
51 Vengesayi 2018 Pretoria Student Law Review 126; Akurugu, Dery, and Domanban. 2022 EHS 6.
52 Vengesayi 2018 Pretoria Student Law Review 135.
53 Agha 2009 Archives of Sexual Behavior 900; Interights v Nigeria (Communication No 269/2003) [2005] ACHPR 67 (11 May 2005).
54 Ottu h 2019 Scriptura 1 -3.
55 Perrin, Marsh and Clough 2019 Conflict and Health 9.
56 Murnen, Wright and Kaluzny 2002 Sex Roles 360-361.
57 Ntoimo and Isiugo-Abanihe 2014 Journal of Family Issues 1980-1982.
58 A study showed that 35.1% of Igbo women and 34.3% of Hausa-Fulani women had been physically abused. See Oladepo, Yusuf and Arulogun 2011 AJRH 84.
59 Linos et al 2013 AJPH 153; Oyediran and Feyisetan 2017 African Population Studies 3465.
60 Awolaran, OlaOlorun, and Asuzu 2021 AJRH 114.
61 Moore 1973 Law and Society Review 719.
62 Allott 1977 JAL 6.
63 Okongwu 2021 IJDL 26-27.
64 Of course, given the existence of the institutionalised resistance to gender equity and the fact that the women politicians have been conditioned by their members of a patriarchal society, it cannot be assumed that women in politics are concerned with or will attempt to promote gender equity.
65 Obiezue 2022 https://www.voanews.com/a/nigerian-women-demand-greater-representation-in-parliaments-/6467256.html.
66 Statista 2022 https://www.statista.com/statistics/1261110/gender-representation-in-national-parliament-in-Nigeria/.
67 See s 17(1) of the Constitution of the Federal Republic of Nigeria, 1999 (the 1999 Constitution).
68 Evidence of this will be shown as the paper proceeds.
69 Iroanusi 2022 https://www.premiumtimesng.com/news/headlines/515664-gender-bills-nigerian-women-set-to-hold-mother-of-all-protests.html.
70 Awodipe 2022 https://guardian.ng/news/women-groups-suspend-occupation-of-national-assembly-over-gender-bills/.
71 In the past election, only a few women declared their presidential intentions, which pales into insignificance when compared to the aspirations of their male counterparts.
72 Agbalajobi 2021 https://theconversation.com/nigerias-national-assembly-why-adding-seats-for-women-isnt-enough-161514.
73 Persson 2021 Electoral Studies 1-7.
74 Guilbert 2016 https://www.reuters.com/article/us-nigeria-women-lawmaking/failure-to-pass-equality-bill-betrays-nigerianwomen-activists-say-idUSKCN0WJ2L4.
75 Iroanusi 2021 https://www.premiumtimesng.com/news/headlines/500980-again-gender-equality-bill-suffers-setback-at-senate.html.
76 Iroanusi 2022 https://www.premiumtimesng.com/news/headlines/515664-gender-bills-nigerian-women-set-to-hold-mother-of-all-protests.html.
77 Ailemen 2022 https://businessday.ng/news/article/fec-approves-new-national-gender-policy-2021-2026/.
78 Chidozie and Orji 2022 African Identities 1-3.
79 Diala "Legal Pluralism and Social Change" 155-157.
80 Section 55(1)d) of the Penal Code Law 18 of 1959, CAP 89, Laws of Northern Nigeria, 1963.
81 Akinbuwa v. Akinbuwa 7 NWLR (pt 556) 1998 66.
82 Criminal Code Act CAP 77, Laws of the Federation of Nigeria, 1990.
83 Criminal Code Act CAP 77, Laws of the Federation of Nigeria, 1990 (the Criminal Code).
84 Section 351 of the Criminal Code.
85 Yalley and Olutayo 2020 Social Sciences and Humanities Open 2.
86 Lagos State Domestic Sexual and Violence Response Team. Also see s 3 of the Protection against Domestic Violence Law of Lagos State, 2007.
87 Opakunbi 2021 SGOJAHDS 381.
88 Adedigba 2022 https://humanglemedia.com/nigeria-struggling-to-combat-gender-based-violence-despite-laws-govt-promises/.
89 These other 13 states are Oyo, Ogun, Lagos, Osun, Ekiti, Edo, Anambra, Enugu, Ebonyi, Benue, Cross River, Kaduna, FCT, and Plateau.
90 Adedigba 2022 https://humanglemedia.com/nigeria-struggling-to-combat-gender-based-violence-despite-laws-govt-promises/.
91 Ewepu 2019 https://www.vanguardngr.com/2022/08/sci-hails-zamfara-assembly-over-bold-initiative-to-pass-the-child-protection-bill-into-law/.
92 Akpotor 2019 IJISSHR 41.
93 Somefun 2019 BMC Public Health 3.
94 Focussing primarily on Christianity means that this research lacks generalisability, but it could be expanded to include other religious groups.
95 Gbadegesin and Adeyemi-Adejolu 2016 JPCR 26.
96 Akinloye 2018 STJ 39.
97 Akinloye 2018 STJ 39.
98 Wood 2019 HTS Theological Studies 1 -8.
99 Which can be understood to be the religious practice manual for Christians.
100 Judges 4: 5; Esther 5; Ruth 1: 15-18; Exodus 15:20; 2 Kings 22; Acts 16:14-15; Acts 18:26.
101 Deuteronomy 22: 26-29.
102 Psalm 56; Luke 4:18-21; Proverbs 14:31; Matthew 9:13; Mark 3:4-5, Ephesians 5:3.
103 Ephesians 5:21.
104 Section 42(1) and 17(1) of the 1999 Constitution; 1 Peter 2:5-9; Romans 2:11.
105 John 13:34.
106 Ademiluka 2019 Verbum et Ecclesia 1.
107 Epheisans 5:3-7, 11-13.
108 Adultery, hardness of heart, death and desertion are expressly stated as grounds for divorce. Matthew 19:9; 1 Corinthians 7:15; Mark 10:5-9; 1 Corinthians 7:39.
109 Marriage is a good thing and should be regularly worked at; however, where safety is compromised, the godly choice is to flee and seek safety. 1 Corinthians 5:11.
110 Ross 2012 Catalyst 1.
111 Knoblauch 2023 Religion 555.
112 Abdulla 2018 Review of Faith and International Affairs 108.
113 Hall, Pilgrim and Cavanagh Religion 11.
114 Abdulla 2018 Review of Faith and International Affairs 107.
115 Msuya 2019 JAAS 1152.
116 Abdulla 2018 Review of Faith and International Affairs 102; see ss 38 and 40 of the 1999 Constitution.
117 Izzi and Adiela 2021 International Journal of Civil Law and Legal Research 33.
118 IHRDA and WARDC (obo Mary Sunday) v The Federal Republic of Nigeria (ECOWAS Community Court of Justice) case number ECW/CCJ/APP/26/15 of 17 May 2018 (hereafter the Mary Sunday case).
119 The judgment of this case is in French (ECOWAS Community Court of Justice 2018 http://www.courtecowas.org/wp-content/uploads/2019/02/ECW_CCJ_JUG_11_18.pdf) and I translated it into English online. The English text is available from the author. See the Mary Sunday case 2.
120 Addazi-Koom 2019 AHRLJ 645.
121 See the Mary Sunday case 3.
122 See the Mary Sunday case 5.
123 García-Del Moral and Dersnah 2014 Citizenship Studies 663.
124 See the Mary Sunday case.
125 State v Akingbade Gabriel (1971) All NLR 508 508.
126 State v Akingbade Gabriel (1971) All NLR 508 510 para 2. The ruling in this case is appalling and illogical. Moreover, the requirement for corroboration in Nigeria is a cautionary requirement to circumvent doubt and ensure justice and fairness.
127 Bazza 2009 Societies without Borders 175.
128 In Nigeria, other than the Attorney-General of the Federation, the Police also have the power to prosecute criminal proceedings. See ss 4 and 23 of the Police Act CAP 359, Laws of the Federation of Nigeria, 1990 and s 214(b) of the 1999 Constitution.
129 LT Adeyinka A Bibilari (Rtd) v Ngozika B Aneke Bibilari (2011) LPELR-4443(CA); Charles Owologbo Ugbotor v Floorence Mamuromu Ugbotor (2006) LPELR-7612(CA).
130 Matrimonial Causes Act CAP 220, Laws of the Federation of Nigeria, 1990.
131 Godwin 2022 https://guardian.ng/guardian-woman/why-sexual-gender-based-violence-victims-hardly-get-justice-in-nigeria/.
132 Bazza 2009 Societies without Borders 175.
133 Ghafournia 2017 Journal of Religion and Spirituality in Social Work 147.
134 Bazza 2009 Societies without Borders 175-176.
135 Le Roux 2015 https://jliflc.com/wp-content/uploads/2015/10/Le-Roux_SGBVFaith-scoping-study_REPORT_30Sept15.pdf 48.
136 Popescu and Drumm 2009 Social Work and Christianity 375-376.
137 Holmes 1997 Harv L Rev 994.
138 For national law on GBV, see section 2.3.3 of this paper.
139 UN Women 2020 https://nigeria.un.org/sites/default/files/2020-05/Gender%20Based%20Violence%20in%20Nigeria%20During%20COVID%2019%20Crisis_The%20Shadow%20Pandemic.pdf.
140 Section 1 of the Domestic Violence Act 116 of 1998 (the DVA).
141 See the preamble to the DVA.
142 Sections 4, 7 and 8(6) of the DVA.
143 Lopes 2016 SAMJ 967. Of course, there are still challenges in the process of reporting and responding to DV in South Africa - mainly policing issues. See Naidoo v Minister of Police 2015 4 All SA 609 (SCA).
144 Law No 59/2008 on Prevention and Punishment of Gender-Based Violence.
145 Republic of Rwanda 2019 https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/CSW/64/National-reviews/Rwanda.pdf.
146 Fraser and Ahlenback, 2022 https://ww2preventvawg.org/sites/default/files/2022-11/Ending%20VAWC%20HD%20Report%2033%20VAWG%20in%20Rwanda.pdf.
147 The analysis was conducted from 2019-2022. Fraser and Ahlenback, 2022 https://ww2preventvawg.org/sites/default/files/2022-11/Ending%20VAWC%20HD%20Report%2033%20VAWG%20in%20Rwanda.pdf.
148 Fraser and Ahlenback, 2022 https://ww2preventvawg.org/sites/default/files/2022-11/Ending%20VAWC%20HD%20Report%2033%20VAWG%20in%20Rwanda.pdf.
149 Protection against Domestic Violence Act 2 of 2015 (the PADV Act). See also s 4 of the PADV Act.
150 Section 32 of the PADV Act.
151 Prohibition of Female Genital Mutilation Act 32 of 2011.
152 Sexual Offences Act 3 of 2006.
153 John, Bukuluki and Casey 2023 SRHM 3-4.
154 Equality Now 2021 https://www.equalitynow.org/news_and_insights/kenya_just_committed_to_ending_gbv_in_5_years_here_s_how_they_plan_to_do_it/.
155 South Africa uses a voluntary rather than a legislated quota, but that seems effective. Some scholars may argue that this is not effective. The most important point to make is that there is a framework in place.
156 Morojele Women Political Leaders 11.
157 Burnet 2019 Anthropology Faculty 8.
158 For GBV laws in Nigeria, see section 2.3.3 of this paper.
159 See sections 2.1 and 2.2 of this paper.
160 Gbadegesin and Adeyemi-Adejolu 2016 JPCR 26.
161 Section 34 of the 1999 Constitution.