Gendered Violence in Intimate Relationships in the Context of Law, Culture and Religion in Nigeria

Authors

DOI:

https://doi.org/10.17159/1727-3781/2024/v27i0a17746

Keywords:

Intimate partner violence, bridewealth, religion, marriage, culture

Abstract

Gender-based violence (GBV) is a serious human rights violation whose resilience against comprehensive laws calls for a reappraisal of the interplay of the key factors that influence its persistence. What is the link between the resilience of GBV and socio-economic forces such as religion, culture and tradition? This paper is inspired by the death of a popular Nigerian gospel singer, Mrs Osinachi Nwachukwu, on 8 April 2022. Although the real cause of her death was not confirmed through an official autopsy, there was widespread speculation that her death arose from intimate partner violence (IPV). It sparked a heated debate among Nigerians, especially the Christian community, on the issue of GBV, especially the role of religious authorities in combatting IPV. Her death also raised concerns about the institution of marriage, bridewealth, women's marginalisation, and the role of the law. Using a literature review and drawing from the best legislative and institutional practices from Kenya, South Africa, and Rwanda, this paper highlights challenges in the legal framework and its implementation, as well as harmful norms and religious beliefs that prompt and perpetuate IPV in Nigeria.

Downloads

Download data is not yet available.

Author Biography

  • Jane Diala, Stellenbosch University

    PhD (Public Law) LLM (Comparative Law in Africa (UCT)) LLB (Madonna University, Nigeria). Postdoctoral Research Fellow, Department of Private Law, Stellenbosch University, South Africa.

References

Bibliography

Literature

Abdulla MR "Culture, Religion, and Freedom of Religion or Belief" 2018 Review of Faith and International Affairs 102-115

Addazi-Koom ME '"He Beat Me, and the State Did Nothing about It': An African Perspective on the Due Diligence Standard and State Responsibility for Domestic Violence in International Law" 2019 AHRLJ 624-652

Ademiluka SO "Reading 1 Corinthians 7:10-11 in the Context of Intimate Partner Violence in Nigeria" 2019 Verbum et Ecclesia 1-11

Agha S "Changes in the Timing of Sexual Initiation among Young Muslim and Christian Women in Nigeria" 2009 Archives of Sexual Behavior 899-908

Ajayi CE, Chantler K and Radford L "The Role of Cultural Beliefs, Norms, and Practices in Nigerian Women's Experiences of Sexual Abuse and Violence" 2022 Violence against Women 465-486

Akinloye IA "Towards the Implementation of Sustainable Development Goals in Nigeria: Maximizing the Influence of Religious Leaders" 2018 STJ 39-60

Akpotor E "Is Nigeria a Religiously Pluralistic Society? A Critical View" 2019 IJISSHR 40-50

Akurugu CA, Domapielle MK and Jatoe MM "Bridewealth, Women's Subordination and Agency in Marriage: An Ethnographic Critique of Gender Activism in Rural North-Western Ghana" 2021 JAAS 1-15

Akurugu CA, Dery I, and Domanban PB "Marriage, bridewealth and power: Critical reflections on women's autonomy across settings in Africa." 2022 EHS 1-15.

Alabi OJ and Olonade OY "Complexities, Dynamism, and Changes in the Nigerian Contemporary Family Structure" in Fawole OA and Blair SL (eds) Families in Nigeria: Understanding their Diversity, Adaptability, and Strengths (Emerald Bingley 2022) 99-112

Ali HK, Al-Yasa'U M and Wushishi AA "An Investigation on the Forgotten Aspects of Cultures and Influence of Western Education among Communities in Niger State, Nigeria" 2018 IJELS 32-36

Allott AN "The People as Law-Makers: Custom, Practice, and Public Opinion as Sources of Law in Africa and England" 1977 JAL 1-23

Awolaran O, OlaOlorun FM and Asuzu MC "Experience of Intimate Partner Violence among Rural Women in Southwest, Nigeria" 2021 AJRH 113-124

Bazza HI "Domestic Violence and Women's Rights in Nigeria" 2009 Societies without Borders 175-192

Burnet JE "Women's Political Representation in Rwanda" 2019 Anthropology Faculty 1-17

Chadambuka C and Warria A "Hurt or Help? Understanding Intimate Partner Violence in the Context of Social Norms as Practised in Rural Areas" 2019 Social Work 301-310

Chidozie F and Orji M-C "Cultural Pluralism and Democratic Survival in Nigeria" 2022 African Identities 1-14

Diala A "Legal Pluralism and Social Change: Insights from Matrimonial Property Rights in Nigeria" in Rautenbach C (ed) In the Shade of an African Baobab: Tom Bennett's Legacy (Juta Cape Town 2018) 155-174

Diala J "'Talk to my Father': Re-Thinking Social Exclusion and Access to Justice in the Context of Bridewealth Negotiation" 2021 LDD 20-46

Diala J The Interplay of Structure and Agency: The Negotiation Process of Bridewealth Payment in South-East Nigeria (PhD-dissertation University of Cape Town 2019)

Dodoo ND, Horne C and Dodoo FNA "Do Bridewealth Payments Reduce Female Reproductive Autonomy? Evidence from a Vignette Study in Ghana" 2020 Social Problems 77-95

Enemo IP "Legal Implications of 'Bride Price' or 'Dowry' on Women's Human Rights in Nigeria" in Ezeilo J and Alumanah J (eds) Bride Price and the Implications for Women's Rights in Nigeria (Women Aid Collective Nsukka 2008) 23-40

Eniola BO and Aremo JI "Bride Price and Sexual and Reproductive Rights of Women: A Case Study of South Africa and Nigeria" 2020 JLPG 26-33

Ensminger J and Knight J "Changing Social Norms: Common Property, Bridewealth, and Clan Exogamy" 1997 Current Anthropology 1-24

Falana TC "Bride Price Syndrome and Dominance in Marriage: An Expository Analysis" 2019 IJHSSE 132-139

Fawole OI, Okedare OO and Reed E "Home was not a Safe Haven: Women's Experiences of Intimate Partner Violence During the COVID-19 Lockdown in Nigeria" 2021 BMC Women's Health 1-7

Fernández M "Cultural Beliefs and Domestic Violence" 2006 Annals of the New York Academy of Sciences 250-260

Fuseini K and Francis NAD I Bought You, I Own You! Bride-Wealth and Women's Autonomy in Ghana (University of Ghana Accra 2012)

García-Del Moral P and Dersnah MA "A Feminist Challenge to the Gendered Politics of the Public/Private Divide: On Due Diligence, Domestic Violence, and Citizenship" 2014 Citizenship Studies 661-675

Gbadegesin EO and Adeyemi-Adejolu EA "Religion and Challenges of Development in Nigeria in 21st Century" 2016 JPCR 23-31

Ghafournia N "Muslim Women and Domestic Violence: Developing a Framework for Social Work Practice" 2017 Journal of Religion and Spirituality in Social Work: Social Thought 146-163

Hall TW, Pilgrim R and Cavanagh RR Religion: An Introduction (Harper Row San Francisco 1985)

Holmes O "The Path of the Law" 1997 Harv L Rev 991-1009

Isiugo-Abanihe U "Bridewealth, Marriage and Fertility in the East-Central States of Nigeria" 1995 Genus 151-178

Izzi M and Adiela O "Judicial Approach to Gender-Based Violence in Nigeria: An Evaluation" 2021 International Journal of Civil Law and Legal Research 30-36

Jaiyeola EO "Patriarchy and Colonization: The 'Brooder House' for Gender Inequality in Nigeria" 2020 Journal of Research on Women and Gender 3-22

John NA, Bukuluki P and Casey SE "Government Responses to COVID-19 and Impact on GBV Services and Programmes: Comparative Analysis of the Situation in South Africa, Kenya, Uganda, and Nigeria" 2023 SRHM 1-15

Kaye DK, Mirembe F and Johansson A "Implications of Bride Price on Domestic Violence and Reproductive Health in Wakiso District, Uganda" 2005 African Health Sciences 300-303

Knoblauch C "Cultural and Religious Diversity in Early Childhood Education Implications of Socialization and Education for the Geographies of Childhood" 2023 Religion 555-567

Linos N et al "Influence of Community Social Norms on Spousal Violence: A Population-Based Multilevel Study of Nigerian Women" 2013 AJPH 148-155

Lopes C "Intimate Partner Violence: A Helpful Guide to Legal and Psychosocial Support Services" 2016 SAMJ 966-968

Matthew OO "Culture-Induced Violence against Women in Nigeria: Implications for Sustainable Development" 2022 IFE PsychologIA: IJ 24-37

Morojele NMS Women Political Leaders in Rwanda and South Africa: Narratives of Triumph and Loss (Barbara Budrich Opladen 2016)

Moore S "Law and Social Change: The Semi-Autonomous Social Field as an Appropriate Subject of Study" 1973 Law and Society Review 719-746

Moore S Law as Process: An Anthropological Approach (LIT Verlag Münster 2000)

Mshweshwe L "Understanding Domestic Violence: Masculinity, Culture, Traditions" 2020 Heliyon 1-5

Msuya NH "Concept of Culture Relativism and Women's Rights in Sub-Saharan Africa" 2019 JAAS 1145-1158

Murnen SK, Wright C and Kaluzny G "If 'Boys will be Boys', then Girls will be Victims? A Meta-Analytic Review of the Research that Relates

Ntoimo LF and Isiugo-Abanihe U "Patriarchy and Singlehood among Women in Lagos, Nigeria" 2014 Journal of Family Issues 1980-2008

Nwabunike C and Tenkorang EY "Domestic and Marital Violence Among Three Ethnic Groups in Nigeria" 2017 JIV 2751-2776

Nwokocha BC "Socio-Religious and Cultural Implications of Domestic Violence: A Pragmatic Analysis of Osinachi Nwachukwu's Ordeal" 2023 Unizik Journal of Culture and Civilization 47-54

Ogbu JU "African Bridewealth and Women's Status" 1978 American Ethnologist 241-262

Okongwu OC "Are Laws the Appropriate Solution? The Need to Adopt Non-Policy Measures in Aid of the Implementation of Sex Discrimination Laws in Nigeria" 2021 IJDL 26-46

Oladepo O, Yusuf OB and Arulogun OS "Factors Influencing Gender-Based Violence among Men and Women in Selected States in Nigeria" 2011 AJRH 78-86

Onyanga E "The Negative Consequences of Dowry Payment on Women and Society" 2016 Priscilla Papers 1-4

Ottuh JA "Reading Deuteronomy 22: 22 in John 8: 1-11: A Contextual Reading from an African-Urhobo Perspective" 2019 Scriptura: Journal for Contextual Hermeneutics in Southern Africa 1-19

Oyediran KA and Feyisetan B "Prevalence and Contextual Determinants of Intimate Partner Violence in Nigeria" 2017 African Population Studies 3463-3477

Oyediran KA and Isiugo-Abanihe U "Perceptions of Nigeria Women on Domestic Violence: Evidence from 2003 Nigeria. Demographic and Health Survey" 2005 AJRH 35-53

Opakunbi O "Domestic Violence and Human Rights Violations in Nigeria" 2021 SGOJAHDS 373-383

Perrin N, Marsh M and Clough A "Social Norms and Beliefs about Gender-Based Violence Scale: A Measure for Use with Gender-Based Violence Prevention Programs in Low-Resource and Humanitarian Settings" 2019 Conflict and Health 1-12

Persson M "From Opinions to Policies: Examining the Links between Citizens, Representatives, and Policy Change" 2021 Electoral Studies 1-7

Popescu M and Drumm R "Religion, Faith Communities, and Intimate Partner Violence" 2009 Social Work and Christianity 375-3782012

Ross L "Religion and Intimate Partner Violence: A Double-Edged Sword" 2012 Catalyst: A Social Justice Forum 1-12

Scott-Storey K, O'Donnell S and Ford-Gilboe M "What about the Men? A Critical Review of Men's Experiences of Intimate Partner Violence" 2022 TVA 858-872

Simister J and Kowalewska G "Gender-Based Violence and Christianity: Catholic Prevention of Divorce Traps Women in an Abusive

Somefun OD "Religiosity and Sexual Abstinence among Nigerian Youths: Does Parent Religion Matter?" 2019 BMC Public Health 1-11

Sultana A "Patriarchy and Women's Subordination: A Theoretical Analysis" 2010 Arts Faculty Journal 1-18

Uthman OA, Lawoko S and Moradi T "Factors Associated with Attitudes towards Intimate Partner Violence against Women:

Vengesayi P "Lobola (Bride Price) Culture and the Equality of Women in Zimbabwe" 2018 Pretoria Student Law Review 112-135

Wood HJ "Gender Inequality: The Problem of Harmful, Patriarchal, Traditional and Cultural Gender Practices in the Church" 2019 HTS Theological Studies 1-8

Yalley AA and Olutayo MS "Gender, Masculinity and Policing: An Analysis of the Implications of Police Masculinised Culture on Policing Domestic Violence in Southern Ghana and Lagos, Nigeria" 2020 Social Sciences and Humanities Open 1-9

Case law

Akinbuwa v Akinbuwa 7 NWLR (pt 556) 1998

Charles Owologbo Ugbotor v Floorence Mamuromu Ugbotor (2006) LPELR-7612(CA)

IHRDA and WARDC (obo Mary Sunday) v The Federal Republic of Nigeria (ECOWAS Community Court of Justice) case number ECW/CCJ/APP/26/15 of 17 May 2018

Interights v Nigeria (Communication No 269/2003) [2005] ACHPR 67 (11 May 2005)

LT Adeyinka A Bibilari (Rtd) v Ngozika B Aneke Bibilari (2011) LPELR-4443(CA)

Naidoo v Minister of Police 2015 4 All SA 609 (SCA)

State v Akingbade Gabriel (1971) All NLR 508

Legislation

Kenya

Constitution of Kenya, 2010

Prohibition of Female Genital Mutilation Act 32 of 2011

Protection against Domestic Violence Act 2 of 2015

Sexual Offences Act 3 of 2006

Nigeria

Constitution of the Federal Republic of Nigeria, 1999

Criminal Code Act CAP 77, Laws of the Federation of Nigeria, 1990

Cross River Domestic Violence and Maltreatment of Widows' Prohibition Law, 2014

Ebonyi State Protection against Domestic Violence Law, 2007

Edo State Law on Violence against Women, 2007

Ekiti State Gender-Based Violence Law, 2019

Law No 59/2008 on Prevention and Punishment of Gender-Based Violence

Matrimonial Causes Act CAP 220, Laws of the Federation of Nigeria, 1990

Penal Code Law 18 of 1959, CAP 89, Laws of Northern Nigeria, 1963

Police Act CAP 359, Laws of the Federation of Nigeria, 1990

Protection against Domestic Violence Law of Lagos State, 2007

Rivers State Prohibition of the Curtailment of Women's Right to Share in Family Property Law 2 of 2022

Violence against Persons (Prohibition) Act, 2015

Constitution of Rwanda, 2003

Prevention and Punishment of Gender-Based Violence Law, 2008

South Africa

Constitution of the Republic of South Africa, 1996

Domestic Violence Act 116 of 1998

Government publications

Abia State Abolition of Widowhood Practices Bill,2017

Gender and Equal Opportunities Bill, 2016 and 2019

Ogun State Violence against Persons Bill, 2016

Zamfara State Child Rights Bill, 2022

International instruments

Beijing Declaration and Platform of Action (1995)

Convention on the Elimination of Discrimination of Violence against Women (1979)

Declaration on the Elimination of Violence against Women (1993)

Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (1994)

Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa (2003)

Internet sources

Adedigba A 2022 Nigeria Struggling to Combat Gender-Based Violence Despite Laws https://humanglemedia.com/nigeria-struggling-to-combat-gender-based-violence-despite-laws-govt-promises/ accessed 12 March 2022

Agbalajobi D 2021 Nigeria's National Assembly: Why Adding Seats for Women isn't Enough https://theconversation.com/nigerias-national-assembly-why-adding-seats-for-women-isnt-enough-161514 accessed 5 June 2022

Ailemen A 2022 FEC Approves New National Gender Policy 2021–2026 https://businessday.ng/news/article/fec-approves-new-national-gender-policy-2021-2026/ accessed 5 June 2022

Awodipe T 2022 Women Groups Suspend Occupation of National Assembly over Gender Bills https://guardian.ng/news/women-groups-suspend-occupation-of-national-assembly-over-gender-bills/ accessed 10 June 2022

Biryabarema E 2015 Ugandan Court Says Divorced Husbands Cannot Demand 'Bride Price' Refund https://www.reuters.com/article/us-uganda-judgement-idUSKCN0QB29420150806 accessed 11 May 2022

ECOWAS Community Court of Justice 2018 Mary Sunday contre Republique Federale du Nigeria http://www.courtecowas.org/wp-content/uploads/2019/02/ECW_CCJ_JUG_11_18.pdf accessed 5 May 2022

Equality Now 2021 Kenya Just Committed to Ending Gender-Based Violence in Five Years. Here's how They Plan to Do it https://www.equalitynow.org/news_and_insights/kenya_just_committed_to_ending_gbv_in_5_years_here_s_how_they_plan_to_do_it/ accessed 17 July 2023

Ewepu G 2019 SCI Hails Zamfara Assembly over Bold Initiative to Pass the Child Protection Bill into Law https://www.vanguardngr.com/2022/08/sci-hails-zamfara-assembly-over-bold-initiative-to-pass-the-child-protection-bill-into-law accessed 30 August 2022

Fraser E and Ahlenback V 2022 VAWG in Rwanda: Evidence Review https://ww2preventvawg.org/sites/default/files/2022-11/Ending%20VAWC%20HD%20Report%2033%20VAWG%20in%20Rwanda.pdf 15 June 2022

Godwin A 2021 Why Sexual, Gender-Based Violence Victims Hardly Get Justice in Nigeria https://guardian.ng/guardian-woman/why-sexual-gender-based-violence-victims-hardly-get-justice-in-nigeria/ accessed 10 May 2022

Guilbert K 2016 Failure to Pass Equality Bill Betrays Nigerian Women, Activists Say https://www.reuters.com/article/us-nigeria-women-lawmaking/failure-to-pass-equality-bill-betrays-nigerianwomen- activists-say-idUSKCN0WJ2L4 accessed 10 May 2022

Iroanusi QE 2021 Again, Gender Equality Bill Suffers Setback at Senate https://www.premiumtimesng.com/news/headlines/500980-again-gender-equality-bill-suffers-setback-at-senate.html accessed 10 May 2022

Iroanusi QE 2022 Gender Bills: Nigerian Women Set to Hold "Mother of All Protests" https://www.premiumtimesng.com/news/headlines/515664-gender-bills-nigerian-women-set-to-hold-mother-of-all-protests.html accessed 11 May 2022

Le Roux E 2015 A Scoping Study on the Role of Faith Communities and Organisations in Prevention and Response to Sexual and Gender-Based Violence: Implications for Policy and Practice https://jliflc.com/wp-content/uploads/2015/10/Le-Roux_SGBVFaith-scoping-study_REPORT_30Sept15.pdf accessed 15 February 2024

Obiezue T 2022 Nigerian Women Demand Greater Representation in Parliaments https://www.voanews.com/a/nigerian-women-demand-greater-representation-in-parliaments-/6467256.html accessed 10 May 2022

Olaoluwa A 2022 Osinachi Nwachukwu: Nigeria Gospel Singer's Husband Arrested over Death https://www.bbc.com/news/world-africa-61067247 accessed 2 May 2022

Republic of Rwanda 2019 Beijing +25 Rwanda Country Report https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/CSW/64/National-reviews/Rwanda.pdf accessed 24 February 2024

Statista 2022 Representation in the Nigerian National Parliament (Senate and House of Representatives) from 1999 to 2019, by Gender https://www.statista.com/statistics/1261110/gender-representation-in-national-parliament-in-Nigeria accessed 11 May 2022

United Nations 1995 Beijing Declaration and Platform for Action https://www.un.org/womenwatch/daw/beijing/pdf/BDPfA%20E.pdf accessed 14 July 2023

UN Women 2020 Gender-Based Violence in Nigeria During the Covid-19 Crisis: The Shadow Pandemic https://nigeria.un.org/sites/default/files/202005/Gender%20Based%20Violence%20in%20Nigeria%20During%20COVID%2019%20Crisis_The%20Shadow%20Pandemic.pdf accessed 17 July 2023

Published

25-11-2024

Issue

Section

Special Edition: Towards Endogenous Knowledge Production in Africa

How to Cite

Diala, J. (2024). Gendered Violence in Intimate Relationships in the Context of Law, Culture and Religion in Nigeria. Potchefstroom Electronic Law Journal, 27, (Published on 25 November 2024) pp 1-36. https://doi.org/10.17159/1727-3781/2024/v27i0a17746

Similar Articles

11-20 of 707

You may also start an advanced similarity search for this article.