Contributor: Oby Umeh
Introduction
Gender-Based Violence (GBV) remains one of the most pervasive and deeply rooted human rights violations in Nigeria, affecting individuals across age, gender, socio-economic status, and geographic location. It manifests in various forms, including domestic violence, sexual assault, harmful traditional practices, and psychological abuse, all of which have far-reaching consequences for victims and society at large. Despite increasing awareness and sustained advocacy, incidents of GBV continue to occur at alarming rates, thereby raising serious concerns about the effectiveness of existing legal and institutional responses.
In response to this growing challenge, Nigeria has enacted several laws aimed at preventing and addressing GBV, most notably the Violence Against Persons (Prohibition) Act 2015 (VAPP Act), as well as relevant provisions of the Criminal Code, Penal Code, and Child Rights Act. These laws establish a legal framework for protecting victims, prosecuting offenders, and promoting justice. Nigeria is also a signatory to several international instruments aimed at eliminating violence and discrimination against vulnerable persons. However, the existence of these legal frameworks has not translated into adequate protection for victims, as significant challenges continue to impede effective implementation and enforcement.
This article examines the role of law in addressing GBV in Nigeria, with particular emphasis on the gap between legislative provisions and practical enforcement. It evaluates the effectiveness of existing legal and institutional frameworks, identifies the challenges that hinder survivors’ access to justice, and assesses the extent to which the law serves as an effective tool for protection and accountability. The article further proposes practical recommendations to strengthen enforcement mechanisms and ensure that the legal system responds more effectively to the realities of GBV in Nigeria.
Conceptual Clarification of Gender-Based Violence
GBV generally refers to any harmful act perpetrated against an individual based on socially ascribed gender roles, expectations, or unequal power relations. It encompasses acts that cause, or are likely to cause, physical, sexual, psychological, or economic harm or suffering, including threats, coercion, or arbitrary deprivation of liberty, whether occurring in public or private life.
According to Black’s Law Dictionary, GBV refers to:
one or more acts that either do or are likely to result in physical, sexual or psychological harm or suffering to a person, especially a woman, because of the person’s gender, including threats of such acts, coercion, or arbitrary deprivation of liberty, whether occurring in public or in private.[1]
GBV stems from unequal power relations and systemic discrimination between genders. Although women and girls remain the most affected, men and boys may also become victims in certain circumstances.[2]
From a legal perspective, GBV is addressed through a combination of domestic legislation and international legal instruments. The VAPP Act provides a broad framework for addressing GBV by criminalising various forms of violence, including physical abuse, emotional and verbal abuse, sexual violence, harmful traditional practices, and economic deprivation. Similarly, the CEDAW recognises GBV as a form of discrimination that impairs the enjoyment of fundamental human rights and freedoms.
GBV manifests in various forms, each with distinct legal and social implications. Physical violence includes acts such as assault, battery, and domestic violence. Sexual violence covers rape, sexual assault, harassment, and exploitation. Psychological or emotional violence involves intimidation, threats, humiliation, and controlling behaviour, while economic violence includes the denial of financial resources, employment opportunities, or access to education. Harmful traditional practices, such as early and forced marriage and female genital mutilation, also fall within the scope of GBV, particularly within certain cultural contexts.[3]
Understanding GBV in its broad and multifaceted nature is essential to effective legal intervention. It aids in identifying conduct within the scope of the law. It underscores the need for a comprehensive approach that extends beyond mere criminalisation to include prevention, protection, rehabilitation, and support for victims. This conceptual clarity provides the necessary foundation for examining the adequacy of Nigeria’s legal framework and the challenges associated with its enforcement.
Legal Framework on Gender-Based Violence in Nigeria
The legal framework for addressing GBV in Nigeria comprises statutory provisions, constitutional safeguards, and international obligations aimed at preventing violence, protecting victims, and ensuring accountability for perpetrators. Despite these legal frameworks, enforcement remains a major challenge.
At the forefront of Nigeria’s legislative response to GBV is the VAPP Act, which provides a comprehensive legal framework for the prevention and prohibition of all forms of violence against persons. The Act criminalises various forms of abuse, including physical, sexual, psychological, and economic violence. It introduces progressive measures such as protection orders, compensation for victims, and the criminalisation of harmful traditional practices. Significantly, the Act expands the definition of rape and prescribes penalties for offenders, thereby strengthening the legal response to sexual violence. However, the scope of the Act was initially limited to the Federal Capital Territory; most states in Nigeria have now adopted it, with 35 of the 36 states domesticating the law.[4]
In addition to the VAPP Act, provisions relating to GBV are contained in the Criminal Code Act and the Penal Code Act, which regulate criminal offences in the southern and northern regions of Nigeria, respectively. These laws criminalise offences such as assault, rape, indecent assault, and other forms of violence. However, they have attracted criticism for retaining outdated provisions, adopting narrow definitions of sexual offences, and failing to provide adequate protection for victims, particularly in cases involving marital rape and non-physical forms of abuse.
Furthermore, the Child Rights Act 2003 plays a crucial role in protecting children from violence, abuse, and exploitation.[5] The Act guarantees the rights of children and protects against all forms of physical or mental injury, abuse, neglect, maltreatment, and exploitation. It also establishes a child justice administration system to safeguard the welfare of children who come into contact with the law. However, like the VAPP Act, its effectiveness depends largely on domestication by individual states.
Beyond domestic legislation, Nigeria is a party to several international and regional instruments that address GBV. These include the CEDAW and the African Charter on Human and Peoples’ Rights. These instruments impose obligations on Nigeria to eliminate discrimination, protect victims of violence, and ensure access to justice. Although international treaties require domestication before acquiring direct legal effect in Nigeria, they continue to influence legislative reforms and judicial interpretation.
In addition, the Constitution of the Federal Republic of Nigeria 1999 (as amended) provides a constitutional foundation for addressing GBV through its provisions on fundamental human rights. Rights such as the right to dignity of the human person, the right to personal liberty, and the right to freedom from discrimination serve as safeguards against various forms of violence and abuse. These provisions reinforce the State’s obligation to protect individuals from GBV and provide a legal basis for seeking redress.
Although Nigeria has a broad and evolving legal framework to address GBV, the effectiveness of these laws depends largely on proper implementation and enforcement. The existence of multiple legal instruments demonstrates a commitment to combating GBV; however, persistent gaps in enforcement continue to hinder the full realisation of justice for victims.
Institutional Framework and Enforcement Mechanisms
The effectiveness of laws addressing GBV in Nigeria depends largely on the strength and coordination of the institutional framework responsible for their enforcement. Government agencies, law enforcement bodies, judicial institutions, and non-state actors all play significant roles in the prevention, investigation, prosecution, and redress of GBV cases. However, systemic challenges continue to affect the efficiency and overall impact of these institutions.
At the forefront of enforcement is the Nigeria Police Force, which is primarily responsible for receiving complaints, conducting investigations, and initiating criminal proceedings in GBV cases. Specialised units, such as Gender Desks and Family Support Units, have been established within the police structure to handle sensitive cases, particularly those involving women and children. Despite these efforts, inadequate training, victim-blaming attitudes, corruption, and poor investigative procedures continue to undermine effective enforcement.
The judiciary also plays a central role in the enforcement framework, as it adjudicates GBV cases and protects victims’ rights. Courts are empowered to grant protection orders, award compensation, and impose penalties on offenders under relevant laws such as the VAPP Act. However, delays in the judicial process, procedural complexities, and limited access to legal representation often hinder survivors from obtaining timely justice.
In addition, institutions such as the Federal Ministry of Women Affairs and various State Ministries of Women Affairs are responsible for policy formulation, advocacy, and the provision of support services for victims of GBV. These institutions often collaborate with shelters, counselling centres, and social welfare agencies to provide rehabilitation and reintegration support for survivors.
Furthermore, agencies such as the Economic and Financial Crimes Commission and the National Agency for the Prohibition of Trafficking in Persons also perform complementary enforcement functions, particularly in cases involving human trafficking, exploitation, and related offences. Their involvement underscores the intersection between GBV and other forms of criminal activity.
NGOs and civil society groups also constitute an important part of the institutional framework. These organisations provide legal aid, advocacy, public awareness campaigns, and psychosocial support for victims. They further serve as a bridge between survivors and formal legal institutions, particularly in communities where access to justice remains limited.
Reference:
- Black Law Dictionary 9th Edition ↑
- UNFPA Global, ‘’Gender- Based Violence’’ 25, December 2025, Available at https://nigeria.unfpa.org/en/topics/gender-based-violence-0#:~:text=The%20incidence%20of%20gender%2Dbased,age%2015%20(NDHS%202013). Accessed 26th April 2026. ↑
- National Human Right Commission, ‘’Sexual and Gender-Based Violence/Harmful Traditional Practices Against Woman and Girls Across Nigeria’’ 25th November -10th December 2020. Available at https://www.nigeriarights.gov.ng/files/publications/SEXUAL%20AND%20GENDER%20BASED%20VIOLENCE.pdf Accessed 26th April 2026. ↑
- Malala Fund, ‘’Malala Fund urges the Nigerian government to protect the VAPP Act’’ 11 September 2024 Available at https://reliefweb.int/report/nigeria/malala-fund-urges-nigerian-government-protect-vapp-act accessed 26th April 2026. ↑
- Hon. Justice Zaynab Bashir, Judge, ‘’An Evaluation of the Impact of the Child Rights Act in Regulating the Rights of a Child in Nigeria’’ 15 February 2023 Available at https://iawj.org/content.aspx?page_id=2507&club_id=882224&item_id=4600 Accessed 26th April 2026. ↑
