THE LEGAL FRAMEWORK FOR COMBATING VIOLENCE AGAINST WOMEN IN NIGERIA: EXPLORING LAWS LIKE THE VAAP ACT.

INTRODUCTION

Legal framework combating violence against women in Nigeria has evolved significantly, anchored by the landmark Violence Against Persons Prohibition (VAPP) Act of 2015 and supported by constitutional provisions and other laws. However, the system's effectiveness is challenged by gaps in implementation and enforcement.

The Cornerstone: The VAPP Act of 2015

The Violence Against Persons Prohibition (VAPP) Act represents a monumental shift in Nigeria's legal approach to gender-based violence. Enacted in 2015, its main thrust is "to eliminate violence in private and public life, prohibit all forms of violence against persons to provide maximum protection and effective remedies for victims and punishment of offenders."

The Act is groundbreaking for several reasons:

1. Broad Definition of Violence: It moves beyond traditional concepts to prohibit a wide range of offences, including rape, spousal battery, emotional and psychological abuse, harmful widowhood practices, and abandonment of family members.

2. Novel Offences: It criminalises specific acts not comprehensively covered in older laws, such as forced isolation, incest, and indecent exposure.

3. Protection and Remedies: The law provides for the issuance of protection orders for victims and mandates the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) to administer its provisions, offering services like counselling and rehabilitation.

4. Sex Offender Register: It mandates the creation of a sex offender register to track and deter perpetrators.

Constitutional and Other Legal Foundations

The VAPP Act operates within a broader legal ecosystem that offers protections against violence.

1. The 1999 Constitution: The Constitution of the Federal Republic of Nigeria serves as the supreme law. Section 34(1)(a) guarantees every individual's right to dignity, expressly stating the "right to respect for the dignity of his person" and affirming that "no person shall be subjected to torture or to inhuman or degrading treatment." This constitutional provision forms the bedrock for challenging any form of violent assault.

2. Older Criminal and Penal Codes: Before the VAPP Act, violence was primarily addressed through the Criminal Code (in Southern states) and the Penal Code (in Northern states). These laws still contain relevant provisions. For instance, Sections 170 and 171 of the Criminal Law of Lagos State define and penalise assault, while Section 173 addresses assault that causes harm, with penalties of up to three years' imprisonment.

3. International Frameworks: Nigeria is a signatory to international instruments like the Maputo Protocol and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which inform the standards for protecting women's rights, even though their direct enforcement in domestic courts can be limited.

Persistent Challenges and Implementation Gaps

Despite this progressive legal framework, significant challenges persist, limiting its real-world impact.

1. Inconsistent Domestication: The VAPP Act is a federal law, but its implementation requires states to domesticate it. This has created a patchwork of legal protection across the country, as not all of Nigeria's 36 states have fully adopted the Act, leaving women in some regions without its full protections.

2. Weak Enforcement and Impunity: A major hurdle is the inadequate implementation of existing laws. Law enforcement agencies are often ill-equipped, underfunded, and lack specialised training to handle gender-based violence cases sensitively. This fosters a culture of impunity, where perpetrators often believe they will not face consequences.

3. Socio-Cultural and Patriarchal Norms: Deep-seated patriarchal attitudes and gender stereotypes perpetuate violence and normalise the subordination of women. These harmful norms can be so pervasive that they even reverse the protective effect of a woman's higher status or education in communities where violence is widely justified by men.

4. Under-Reporting and Data Gaps: Due to fear of stigma, distrust in the system, and economic dependence on abusers, many cases go unreported. This makes it difficult to grasp the true scale of the problem and to plan effective interventions.

Pathways for Strengthening the Framework

Addressing these challenges requires a multi-pronged approach:

1. Nationwide Domestication and Harmonisation: There is an urgent need for all states to domesticate and fully implement the VAPP Act, creating a uniform standard of protection for all Nigerian women.

2. Systemic Reforms and Capacity Building: Investing in training for police, prosecutors, and judges on trauma-informed practices is crucial. Establishing specialised agencies, like the Lagos State Domestic and Sexual Violence Agency, can provide a more coordinated and effective response.

3. Amending Existing Laws: Some penalties in current laws are considered insufficient to act as a deterrent. For example, there are calls to amend the penalty for indecent exposure under the VAPP Act from a maximum of one year to up to 10 years' imprisonment.

4. Changing Cultural Narratives: Long-term prevention requires transforming the societal norms that permit violence. This involves public awareness campaigns, engaging community and religious leaders, and promoting gender equality from a young age.

CONCLUSION

The legal framework for combating violence against women in Nigeria has been significantly strengthened by the VAPP Act. However, for the law to move from the books to providing tangible justice and safety, a concerted effort is needed to bridge the implementation gaps, strengthen institutions, and shift deep-seated cultural norms.