In the modern Nigerian society, gender-based violence can be considered a major and consistent predicament that has contributed to the constant deterioration of the ethics and morals that serve as pillars of our society. In this vain, the government has established various laws to eradicate this act, however it is clear that there has been numerous shortcomings in the enforcement of these laws.

This research aims to highlight these laws, establish the shortcomings and proffer solutions to this issue.

DEFINITION OF GENDER BASED VIOLENCE:

It is a form of maltreatment inflicted on a person due to the responsibilities that are assigned to or expected of them based on their gender identity. Even though it is more commonly known to be experienced by women and girls, Gender Based Violence is not limited to just one gender, boys and men are also victims of Gender Based Violence.

Gender-based violence (GBV) refers to harmful acts directed at individuals based on their gender. It includes physical, sexual, emotional, and psychological abuse, as well as economic coercion, and can affect anyone, though it disproportionately impacts women and girls. GBV stems from unequal power relationships, societal norms, and gender discrimination and can occur in various forms, such as domestic violence, sexual harassment, human trafficking, and harmful practices like forced marriages and female genital mutilation.

OTHER DEFINITIONS:

The United Nations defines GBV as Any act of gender-based violence that results in, or is likely to result in physical, sexual, or psychological harm or suffering to women including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life.

The World Bank's Inter Agency Standing Committee defines Gender-based Violence as an umbrella term for any harmful act that is perpetrated against a person's will and that is based on socially ascribed (gender) differences between males and females.

ELEMENTS AND REAL-LIFE EXAMPLES OF GENDER BASED VIOLENCE:

1. Physical Violence: Includes physical acts such as hitting, slapping, or any form of bodily harm inflicted intentionally. Often results in physical injury, chronic health issues, or even death.
2. Sexual Violence: Encompasses any unwanted sexual acts or attempts, sexual harassment, forced prostitution, and sexual exploitation. This also includes rape and coerced sexual behavior.
3. Psychological/Emotional Violence: Non-physical harm that impacts mental well-being, including intimidation, humiliation, threats, and controlling behavior. This form of GBV often has lasting effects on self-esteem and mental health.
4. Cultural/Societal Violence: Practices such as forced marriage, female genital mutilation (FGM), and honor-related violence are deeply rooted in cultural or societal norms. These forms of violence are often sustained by cultural acceptanceand societal pressure.
5. Cyber Violence: Increasingly, GBV occurs online through cyberbullying, harassment, revenge porn, stalking, and other forms of technology-based abuse. This element of GBV has grown with the rise of digital communication.

There are numerous real life incidents of gender based violence for us to examine , a few days ago, a Nigerian lawyer was caught on camera assaulting his wife who also happens to be a lawyer and that’s a good example of Gender Based Violence physical violence, also in the case of Uduak Akpan killing Iniubong Umoren. It is also worthy to note that Gender Based Violence does not just happen to women, as seen in the case of Chidinma a Lagos state university student that murdered her boyfriend.

LEGAL PROTECTIONS AGAINST GENDER BASED VIOLENCE.

a. 1999 Constitution of the Federal Republic of Nigeria (as Amended).

Gender based violence contravenes a major human right and the Constitution of the Federal Republic of Nigeria 1999 serves as the foundation for each citizen's fundamental rights. Inherent fundamental human rights such as the right to life, fair hearing, personal dignity, personal liberty, freedom of thought, conscience and religion, freedom from discrimination in and the right to compulsory acquisition of property among others is provided for in sections 33 to 44, chapter four of the constitution. Specifically relating to this, Section 34 provides: That every individual is entitled to respect for the dignity of his/her person and accordingly no person shall be subjected to torture or to inhuman or degrading treatment.

b. Criminal Code Act 2004.

This Act criminalizes Gender Based Violence and and provides punishment for the breach of the laws against Gender based violence. It applies to all the southern states and in Section 355 it provides that “Any Person who unlawfully assaults another and thereby does him harm, is guilty of a felony and is liable to imprisonment for three years”. In the same vein, Section 360 provides for indecent assault on women and stated thus; "Any person who unlawfully and indecently assaults a woman or girl is guilty of a misdemeanor, and is liable to imprisonment for two years.”

c. Violence Against Persons (Prohibition) Act, 2015.

This Act is only applicable in FCT Abuja, however, some States which includes Anambra, Bauchi, Enugu, Kaduna and Oyo states have also passed it into their law. The purpose of the Act was to outlaw all types of violence in both public and private life, to give victims the best protection possible, to punish perpetrators, and to address other related issues. Section 19 (1) of the Act provides that a person who batters his or her spouse commits offence and is liable on conviction to a term of imprisonment not exceeding 3 years or to a fine not exceeding N200,000.00 or both" Also, subsection 2 provides that a person who attempts to commit the act of violence provided for in subsection (1) of this section commits an offence and is liable on conviction to a term of imprisonment not exceeding 1 year or to a fine not exceeding N100,000.00 or both.

d. Lagos State Protection Against Domestic Violence Law, 2007.

The Law extensively in section 18(i)(j) provides an elaborate definition of domesticviolence to include: Abuse, sexual abuse, exploitation not limited to rape, incest, sexual assault, starvation, emotional, verbal, physiological abuse, repeated insults, ridicule, name-calling, repeat threat to cause emotional pain, or repeated exhibition of jealousy, which constitute a serious invasion of complainant privacy, liberty or security.

It also empowers a victim of abuse in Lagos State to seek for a protection order in the High Court or Magistrate Court. This can be filed by the complainant or any person with his consent who has an interest in the well-being of the complainant including a counsellor, health services provider, member of the Nigerian Police force, social worker, organization, or teacher.

e. Ekiti State Gender-Based Violence (Prohibition) Law 2019.

Section 1(1) of the law basically provides for the definition of the Gender Based Violence. Section 2(1-vii) of the law goes further to provide for the types and forms of Gender-Based violence which includes sexual abuse, psychological abuse, economic abuse, threats to commit acts liable to result to physical abuse.

MODES OF STRENGTHENING THE LEGAL PROTECTION

1. Expanding the definition of domestic violence which includes every aspect of it and helping abuse victims to request a protection order from the High Court or Magistrate Courtexpanding the definition of domestic violence to include all facets of the issue and enabling abuse victims to petition the High Court or Magistrate Court for a protection order.
2. Requiring the court to grant victims protection orders and imposing an obligationon police officers to protect victims.

CHALLENGES:

1. Legislations that have not been ratified in other states. Not all Nigerian states have domesticated the VAPP Act, leading to inconsistencies in legal protections. (FCT Abuja, Anambra, Bauchi, Enugu, Kaduna and Oyo)
2. The bill to repeal Violence Against Persons Prohibition (VAPP) Act by Senator Jibrin Isah, representing Kogi East, claims that the definition of consent needs further differentiation. The repeal bill has now passed its second reading.
3. Limited resources and training for law enforcement to effectively apply GBV laws.
4. Victims face barriers like fear of stigmatization, lack of trust in the legal system, and insufficient support services.

PROGRESS/PATH FORWARD

1. Strengthen advocacy to push for uniform adoption of the VAPP (Violence Against Persons Prohibition) Act 2015 across all states.
2. Invest in law enforcement training, legal aid for survivors, and resources for community enlightenment.
3. Engage local leaders, educators, and the media to shift cultural attitudes and Wstop Gender Based Violence stigma.
4. Using every medium available to discourage Gender Based Violence,making citizens to understand the effects of this in our society.
5. Support shelters, counseling services, and comprehensive health care for Gender Based Violence survivors.

Conclusion

In Nigeria, combating gender-based violence necessitates a variety of approaches that includes solid legal frameworks, efficient implementation, and cultural transformation. Although there has been progress, there are still obstacles to overcome. With persistent dedication, the Nigerian government can work on strengthening the laws already put in place to eradicate the evil of gender-based violence and provide a more secure and fair environment for everybody.