Osinachi Nwachukwu: The need to declare state of emergency on domestic violence

BY STANLEY ALIEKE

The famous gospel singer, Osinachi Nwachukwu was reported to have “joined the saints” last week. The report claimed she died of cancer while her family members and close friends/associates are clamouring that she died of domestic violence from her husband. Some gave a vivid report on how her husband had turned the late gospel singer into a punching bag landing her in the hospital on numerous occasions before she finally gave up the ghost.

Although, these reports are merely speculations and accusations; legally speaking, they are just accusations against the husband of the late singer until the law enforcement agents carry out an intensive investigation to determine the veracity of this accusation.

But this is not the first time reports are making around the media of a wife being murdered by her husband. Not quite long, a traditional ruler in Ondo state physically assaulted and sent one of his wives to her early grave. It seems we have forgotten about that and the case and swept it under the carpet.

Every day, there are incidents of family violence in Nigeria, the ones that make it to the media are the ones we know about.

Last year, specifically on February 27, 2021, the Guardian Newspaper reported that at least once a week, there’s a case of a man beating, maiming, or killing his wife in Nigeria.

Domestic violence is a big deal in Nigeria and it doesn’t seem to be ending any time soon because it appears that some cultures and religions have accepted and approved some form of domestic violence. For instance, some cultures and religions encourage a man to beat up his wife as a way of cautioning her, even the penal code legalises a man beating up his wife as a way of correcting her if she “misbehaves”. Section 55(1)(d) of the penal code made this provision: “Nothing is an offense which does not amount to the infliction of grievous hurt upon any person which is done by a husband for the purpose of correcting his wife…”.

Also, spousal rape which is another form of domestic abuse/ violence is yet to be criminalised. That spectrum of domestic abuse by one partner having a forced carnal knowledge of another partner is not a crime or an offence in as much as the parties are married. It is not recognised or is yet to be recognised as a crime or offence in Nigeria for the husband to sexually abuse or rape the wife and vice versa.

Importantly, it is noteworthy that when we talk about domestic violence as a concept, it is not limited to physical assault by one partner on another partner. In its broadest sense, domestic violence also involves violence against house help/maids, children, parents, or the elderly. It can come in different forms, including physical, verbal, emotional, economic, or sexual, and it can also include the use of technology to stalk harass, control, monitor, or hack a spouse or a family member. It is this wide and encompassing.

Western countries like the UK and the US have made several legislations criminalising the offence of domestic violence and gender-based violence with stiffer punishments. The UK has made a lot of legislations like the domestic violence, crime and victims act 2004, the domestic abuse act, The Council of Europe Convention on preventing and combating violence against women and domestic violence, which is known as the Istanbul Convention passed in 2011 which the UK is a signatory to are some of the notable laws in the countries that are made specifically to protect the weaker partners in the marriage institutions against physical assault and abuse.

In the USA as well, the violence against women act (“VAWA”) and many other legislations recognise that domestic violence is a federal crime.

Despite the high rate of domestic violence in Nigeria, it seems that the country is yet to legally step up and do the needful in terms of making stiffer legislation and making sure such legislation is enforced in the fight against domestic violence. What needs to be done to stop or reduce the cases of domestic violence in Nigeria?

Nigerian lawmakers should make law(s) that concerns itself specifically with domestic violence and abuse which provide stiffer punishments for the offence. Some of these laws that encourage domestic violence like the penal code should be amended. Those specific sections of the penal code like section 55(1)(d) that subtly advocated for domestic violence should be abolished.

Customs and traditions that promote domestic violence should be held to be repugnant to natural justice, equity, and a good conscience and therefore cannot stand. Domestic violence should be treated as a violation of the fundamental right of an individual thereby making it a criminal offence against the state.

Women, who are the most known victims of this violence, should be encouraged to speak up and taken into therapy and rehabilitation sessions. These few recommendations should be implemented as soon as possible.

In conclusion, I will not fail to mention that there are NGOs who are always ready to take up cases like this pro bono, for instance, The International Federation of Women Lawyers (FIDA) is very notable for their fight against gender-based violence, spousal abuse and any form of domestic abuse. They have offices scattered all over the country With their head office located at Block 1, Flat 1, Ankpa Close Ogun Street Area 2, Garki, Abuja.

Email:[email protected]

Phone: +234 708 849 6115.

Their Lagos office is located at 14/16 Makoko Road, Off Herbert Macaulay Way, Yaba, Lagos.

The Cleen Foundation is also one of the notable NGOs doing a lot advocating against domestic abuse in Nigeria. Their headquarters is located at 26, Bamenda Crescent, Wuse Zone 3, Abuja, Nigeria. Phone number: +234-7067899368

These and many more are some of the NGOs that are established to fight against domestic violence and abuse in Nigeria.

If as a victim of domestic violence and any of these NGOs are inaccessible or unreachable to you, you can approach the nearest police station and lay your complaints or can approach any lawyer. Many lawyers including myself are always ready to come through and take up any case of this nature pro bono. I will always be ready to pull whatever resources necessary to follow up and handle any case of this nature that comes my way; you just have to speak up.

On the victim’s part; speak up, seek help, leave the relationship and stay alive.

Alieke (Esq) is a legal practitioner based in Abuja. He can be reached via [email protected]