Osinachi Nwachukwu: How To Get Justice If Your Spouse Beats You

Rather than suffer or die in silence under the roof of a violent spouse who beats you up and violates your right, a legal practitioner says there are institutions in the country to protect you and help you get justice.

Recall that the gospel artist, Osinachi Nwachukwu, had on April 8 passed after allegedly suffering domestic violence inflicted by her husband, Peter Nwachukwu.

The Senior Pastor of the Dunamis International Gospel Centre, Dr. Paul Enenche, said Osinachi hid her travails from the church and suffered in silence.

After her death, many came on social media to speak about their experience with domestic violence and why their marriages failed.

The Law On Domestic Violence

The law that is applicable to domestic violence in Nigeria is the Violence Against Person’s Prohibition Act (VAPP) 2015.

Section 19 (1-4) of the Act recommends between 1 to 3 years jail term for spouse battery, violence among other forms of offence with options of fine.

The section reads:

“A person who batters his or her spouse commits an 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.

“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.

“A person who incites, aids, abets, or counsels another person to commit the act of violence as provided for in subsection (1) section commits an offence and is liable on conviction to a term of imprisonment not exceeding 2 years or to a fine not exceeding N200,000 or both.

” A person who receives or assists another who, to his or her knowledge, committed the offence provided for in subsection (1) of this section is an accessory after the fact and is liable on conviction to a term of imprisonment not exceeding 1 year or to a fine not exceeding N200,000.00 or both.

Institutions/Agencies To Report Domestic Violence

The institution or agency of government that is responsible for enforcing the provisions of the Violence Against Persons Provisions (VAPP), is the National Agency For the Prohibition of Trafficking In Persons , NAPTIP.

NAPTIP Abuja has State Commands in Anambra, Bayelsa, Imo, Cross River , Plateau , Yobe, Gombe ,River ,Kaduna ,Kwara and Katsina states while its Zonal Commands are cited in Benin, Enugu, Kano , Lagos ,Maiduguri, Makurdi , Osogbo, Sokoto and Uyo .

According to the Executive Director, Citizens Advocacy for Social & Economic Rights, Frank Tietie, aside from reporting domestic violence to NAPTIP, victims can file a suit at a high court sitting insisting that there rights have been violated.

Tiete, who spoke to THE WHISTLER, added that NAPTIP has the power to make arrest in that regard.

“And then under the VAPP Act 2 and expectedly, the victim is supposed to report to NAPTIP and NAPTIP will carry out, first, an arrest, and then investigation and then decide whether or not to prosecute the alleged offender.

“If the outcome of a NAPTIP investigation is not satisfactory to the complainant, that is, the victim of battery or domestic violence, the same victim has the option of approaching the high court directly by instituting a civil suit.

“Even when NAPTIP has decided to prosecute, the victim still has an option, in addition to what NAPTIP has done, by approaching the high court to ask for damages in terms of compensation for losses suffered and pain and other things like humiliation, mental trauma and other depravation they must have suffered,” he said.