Spousal battery is defined as the intentional and unlawful use of force or violence upon a person, particularly within the context of a marital relationship. Despite legislative efforts to address this issue, spousal battery continues to plague communities across the country, posing significant challenges to the well-being and safety of individuals. In this article, we delve into the provisions of Nigeria’s Violence Against Persons (Prohibition) Act 2015 (VAPP Act) and examine the prevalence of spousal battery in Nigeria.
The spousal battery is a form of domestic violence that has long been tolerated and normalized in many societies including Nigeria. However, in recent years, there has been a growing recognition of spousal battery as a serious criminal offense that warrants legal intervention. The VAPP Act represents a significant milestone in the legal framework for addressing domestic violence in Nigeria. Enacted in 2015, the VAPP Act aims to prohibit all forms of violence against persons and provide legal remedies and protection for survivors.
Section 19 of the VAPP Act specifically addresses spousal battery and outlines the legal consequences for perpetrators. Subsection (1) stipulates that individuals who engage in spousal battery commit an offense punishable by a term of imprisonment not exceeding 3 years or a fine not exceeding N200,000.00, or both. This provision underscores the seriousness with which the law regards spousal battery and emphasizes the need for swift and decisive legal action against offenders. Furthermore, Subsection (2) of Section 19 extends liability to individuals who attempt to commit spousal battery, prescribing a term of imprisonment not exceeding 1 year or a fine not exceeding N100,000.00 or both. This provision reflects the recognition that even attempted acts of violence within marital relationships constitute criminal behavior and should be treated accordingly under the law.
Subsection (3) of Section 19 addresses the accountability of individuals who incite, aid, abet or counsel others to commit spousal battery. Such individuals are also deemed to have committed an offense and are subject to legal sanctions, including imprisonment and fines. This provision highlights the importance of holding accomplices and instigators accountable for their roles in perpetuating domestic violence. Moreover, Subsection (4) of Section 19 addresses the liability of individuals who assist or harbor offenders of spousal battery, even after the fact. These individuals are considered accessories to the crime and are subject to legal penalties, including imprisonment and fines. This provision emphasizes the need to deter individuals from enabling or condoning acts of domestic violence within their communities.
Despite the provisions outlined in the VAPP Act, the prevalence of spousal battery in Nigeria remains alarmingly high. Many factors contribute to the persistence of this problem, including cultural norms that condone violence against women, economic dependence, and inadequate access to legal recourse and support services for survivors. Additionally, societal attitudes that minimize or justify spousal battery further perpetuate a culture of impunity and silence surrounding domestic violence.
Efforts to combat spousal battery require a multi-faceted approach that addresses the root causes of violence, empowers survivors to seek help, and holds perpetrators accountable under the law. This includes raising awareness about the rights of individuals within marital relationships, providing comprehensive support services for survivors, and strengthening the enforcement of laws against domestic violence.
Furthermore, collaboration between government agencies, civil society organizations, and community stakeholders is essential to create a coordinated response to spousal battery and ensure the effective implementation of the VAPP Act. By working together to challenge harmful gender norms, promote gender equality, and protect the rights of all individuals, Nigeria can make significant strides toward eradicating spousal battery and creating a society where everyone can live free from violence and fear.
