A LEGAL ANALYSIS OF GENDER-BASED VIOLENCE IMPACTS AGAINST FEMALE PERSONS IN NIGERIA

Abstract

Gender-based violence (GBV) is a major issue in Nigeria, and it comes in different forms, such as domestic violence, sexual violence, and harmful practices such as child marriage and FGM. Despite the efforts of the government through legislation such as the Violence Against Persons (Prohibition) Act 2015 (VAPP) and by the Child Rights Act 2003, female persons biologically identified as adult women and girls identified as female at birth face a lot of risks and are denied equality before the law, as mandated by the Constitution through section 42 of the Constitution of Nigeria 1999, and international laws such as CEDAW and the Maputo Protocol. This paper seeks to discuss the various effects of GBV on female persons in Nigeria by analysing the various legal provisions and realities on the ground to suggest ways for legal reform. This paper seeks to discuss the various legal provisions under the VAPP Act, the Penal and Criminal Codes, and various judicial pronouncements, such as the State v. Musa (2023) ruling, as well as various insights from the UK Supreme Court ruling on the determination of biological sex in the For Women Scotland Ltd v. Scottish Ministers (2025) case. This paper submits that GBV is a major factor in the perpetuation of poverty and marginalisation among female persons and girls in Nigeria, especially the Sharia laws in the northern states. This paper concludes that there is a need for comprehensive implementation of the VAPP Act across the states. This paper recommends mandatory training for the judiciary on the determination of biological sex and the integration of GBV training in legal clinics for the empowerment of female persons.