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 research examines the effectiveness of these laws and conventions as well as the challenges limiting their effectiveness. The methodology adopted in this research is the doctrinal method relying on municipal laws, regional conventions and international conventions. The research finds that there are laws but focuses on the women in particular as they are seen as more vulnerable than the men, only few provisions of the law are dedicated in protecting men. The research finds that the legal frameworks available are gender bias as men are sparsely protected. The research finds that there are instances where the law brings to book perpetrators of this inhumane act. There are also a lot of 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 amongst others. The research therefore recommends that the punishment for such act should be stricter not with the aim of being punitive but as to deter persons from carrying out such activities, also counselling and support services should be made available for victims in strategic places such as hospitals, police stations and other easily accessible locations amongst others. 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 acts on both gender and the punishments should be more severe.