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Summary
Three ways Nigerian law discriminates against women: the non-recognition of marital rape, the allowance of "domestic correction" in some regions, and unequal inheritance rights.
In a recent post by Timi Agbaje titled, “Can a man rape his wife in Nigeria? What does the law say?” he claimed that men can legally rape their wives in Nigeria. This, along with many others, is why it is important to highlight how Nigerian law supports inequality against women
- Marital Rape Legality
The legal definition of rape is when a person intentionally penetrates another’s vagina, anus or mouth with a penis without the other person’s consent. Meanwhile, marital rape is the act of sexual intercourse or a sexual act with one’s spouse without the spouse’s consent. It is a form of sexual violence and domestic abuse where coercion, threats, emotional manipulation, or even physical force are used to violate a partner’s autonomy and consent.
The Nigerian law punishes rape severely, with punishments ranging from life imprisonment to lesser terms and fines, depending on the applicable code. The Criminal Code used mainly in Southern Nigeria and Penal Code primarily used in Northern Nigeria both address rape, with the Criminal Code prescribing life imprisonment with or without caning and the Penal Code allowing for lesser terms and fines. The Violence Against Persons (Prohibition) Act (VAPP) of 2015, applicable in Abuja and some states, sets a minimum sentence of 12 years and a maximum of life imprisonment. The specific law applicable depends on the location of the offence, reflecting cultural and religious differences across Nigeria. However, when it comes to marital rape, a form of sexual violence that occurs within marriage, it remains unrecognised as a crime under Nigerian law.
The Nigerian Criminal Code (Section 357) defines rape but explicitly states that a man cannot be guilty of raping his wife if she has reached puberty. However, as of September 2024, 35 of 36 states have domesticated the VAPP Act.
The Law criminalises unlawful carnal knowledge without the marriage exception in the criminal and penal codes. The Violence Against Persons (Prohibition) Act (VAPP) offers some protection against spousal sexual abuse.
Under the VAPP Act, rape occurs when someone intentionally penetrates another person’s vagina, anus, or mouth with any body part or object, and the other person does not consent.
Consent obtained through force, threats, intimidation, fear, misrepresentation, or the use of substances that impair judgment is also invalid. Specifically, the VAPP Act recognises that a married person can commit rape against their spouse, including by impersonating their spouse.
Likewise, the Lagos State Protection Against Domestic Violence Law 2007 provides legal protection against physical, emotional, economic, and sexual abuse, including marital rape. Section 18(1)(g) explicitly recognises rape as a form of domestic violence, meaning marital rape is prosecutable in Lagos State. Survivors can seek protection orders, legal remedies, and support services. The Lagos State Domestic and Sexual Violence Agency also offers medical care, counselling, and legal assistance to victims. Let’s continue raising awareness.
- Domestic Correction Law
In Northern Nigeria, under Section 55 of the Penal Code, a husband is permitted to “correct” his wife if it does not result in “grievous hurt” and follows customs recognised as lawful. This means a husband can physically discipline his wife, provided it doesn’t cause severe injury and is in line with local customs. This law perpetuates domestic violence and undermines women’s rights to safety and bodily autonomy.
- Inheritance Inequality
In many Nigerian communities, customary laws prevent women from inheriting property from their husbands or fathers. This denies married women property rights, leading to economic dependence and vulnerability, especially upon the death of a spouse.
The customary law plays a significant role in the Nigeria legal system, however it is not uniform across the various tribes and communities in Nigeria.
A woman who marries under customary or Islamic law does not have adequate legal protection in the distribution of assets the same way a woman who marries under the statutory law would. Under customary arrangement, assets are acquired in the husband name despite the wife contribution. Only the husband is recognised as the dominant power to dispose of family property.
In Nigeria, the way a deceased person’s property is shared depends on two main factors—the type of marriage they were in and whether they left a valid Will. The laws governing inheritance are influenced by statutory provisions, customary practices, and religious beliefs, particularly Sharia law.
The system of inheritance in Nigeria is based on type of marriage, the deceased’s property is shared according to the type of marriage they were in. There are three main types.
If the deceased was in a civil marriage, the property is usually shared according to statutory laws. This type of marriage assumes that the couple intended to follow the statutory inheritance system.
If the marriage was under customary law, inheritance follows the customs of the deceased’s ethnic group.
For Muslims, inheritance is governed by Islamic law. If the deceased left a valid Will, the property is distributed according to their wishes as stated in the Will. If there is no Will, the property is shared based on the applicable marriage system.
The Nigeria law generally protects women’s rights to inherit property. However, many traditional practices still follow the primogeniture rule, which means property is often passed down to male heirs, leaving women with little or nothing.
Over the years, there have been efforts to fix this unfairness, and some important legal changes have been made to address gender inequality in inheritance laws. Courts in Nigeria, like the Supreme Court and the Court of Appeal, have made some big decisions in the last 20 years to support women’s inheritance rights, especially in Igbo communities in the eastern part of the country. These decisions have challenged unfair customs and called them unconstitutional. In contrast, the Yoruba people in the western part of Nigeria have a more equal system, where women often have better inheritance rights.
In Eastern Nigeria (which includes states like Abia, Anambra, Ebonyi, Enugu, and Imo), inheritance follows Igbo customs. Traditionally, male children are favored over females when it comes to inheriting property like houses and land. Widows also face challenges—they usually don’t inherit their husband’s property.
Instead, they might only be allowed to live in the house or use a small portion of land, but they don’t own it. This is because, under Igbo custom, inheritance is based on blood relations, and widows are not considered blood relatives of their husbands. Even though their children are seen as legitimate, the mothers don’t have the same rights as wives married under civil law.
In Yoruba custom, things are a bit different. When someone dies without a Will, their property is divided equally among their wives, and then each wife’s share is divided equally among her children, whether they are boys or girls. This system is called per stripe. There’s also a practice called Ori Ojori, which ensures that each child gets an equal share of the property, promoting fairness and reducing family conflicts.
However, under Yoruba custom, wives usually don’t inherit their husband’s property unless it was specifically given to them as a gift while the husband was alive.
Under Islamic law, inheritance follows strict rules based on the Quran. Women have the right to inherit, but they often receive half of what men get.
For example, a wife might inherit one-quarter of her husband’s property if there are no other heirs, while daughters might receive one-half or two-thirds depending on the situation. Islamic law recognises three main reasons for inheritance: marriage, blood relations, and clientship.
While women’s shares are often smaller, there are exceptions. For instance, a mother might receive the same share as a father in some cases. This shows that Islamic law does recognize women’s rights, even if they are not always equal to men’s.
In recent years, Nigerian courts have taken steps to protect women’s inheritance rights. For example, in the landmark case of Ukeje v Ukeje (2014), the Supreme Court ruled that Igbo customs denying women the right to inherit their father’s property are unconstitutional.
The court stated that no matter the circumstances of a female child’s birth, she has the right to inherit from her father’s estate. This decision was a big win for women’s rights, but some people still disagree with it, arguing that it disrupts long-standing traditions.
Despite these court rulings, many communities still resist change. Some people cling to old customs out of ignorance or a desire to maintain control over family property. This means that even though the law is on the side of equality, it can still be hard for women to claim their inheritance rights in practice.
