AN EXAMINATION OF THE LEGAL FRAMEWORK PROTECTING SPOUSES FROM DOMESTIC VIOLENCE IN NIGERIA

ABSTRACT

This research examines the legal framework protecting spouses from domestic violence. Domestic violence against a spouse by his/her partner is an epidemic that is spreading widely and affecting a great number of persons in various societies of the world today including Nigeria which is the focus of this work. The work examines the legal frameworks that have been enacted and incorporated to protect spouses. The research reveals that there are laws but they do not protect spouses in general but rather focus on the women in particular as they are seen as more vulnerable than the men. The research notes that legal frameworks available are gender biased as men are excluded from any specific form of protection. The legal framework in place include municipal laws, regional conventions and international conventions. The research also examines the effectiveness of these laws and conventions as well as the challenges limiting their effectiveness. The research again shows that there are instances where the law brings to book perpetrators of this inhumane act. There are also pending cases due to the delay in judicial process and others unreported cases because of several constraints such as cultural and religious beliefs, the police, non-implementation of international provisions, etc. The research therefore recommends that the legal framework can be made more effective so as to reduce the occurrence of these violent acts, curb its widespread and preserve lives and destinies from death or been maimed.  The work concludes that there is a need for laws protecting both men and women from domestic violence to be balanced as a result of the prevalence of these violent act on both gender.