COMPLETE SCHOOL PROJECT TOPICS & MATERIALS :
CHAPTERS: Chapter 1-5 | DOC FORMAT: MS WORD/PDF | PRICE: ₦5,000

GET COMPLETE WORK

DOMESTIC VIOLENCE AND THE ENFORCEMENT OF THE VIOLENCE AGAINST PERSONS (PROHIBITION) ACT IN OYO STATE.

ABSTRACT
Domestic violence remains one of the deepest human rights and population health problems in Nigeria, which is deeply rooted in patriarchal elements and cultural norms that consider it an internal family issue. In Oyo State, the passage of Violence Against Persons (Prohibition) Act (VAPP) in December 2020 was a major step in the right legislative direction towards criminalising various types of violence and providing survivors with the means to afford protection. This, however, does not mean that the enforcement is solid because of the lack of awareness, the absence of the institutional capacity, cultural opposition and lack of resources. This paper explores the features, rates, and trends of domestic violence in Oyo State, assesses the knowledge of the stakeholders towards the VAPP Act, considers the effectiveness of the implementation tools, recognises the main barriers, and gives possible recommendations on how the law can be better enforced. Based on qualitative and quantitative data obtained through law enforcement, the judiciary, the civil society, and the community members, the research sheds some light on the enforcement gap and offers the empirical evidence to the policy formulation that will provide a more effective protection to women and children. It is hoped that the results would be used to inform strategies that would balance the legal systems and proper delivery of justice in Oyo State and similar situations in other parts of Nigeria.
Keywords: Domestic violence, VAPPAct, deployment, Oyo State, gender-based violence, implementation issues.

CHAPTER ONE

INTRODUCTION

1.1 Background to the Study
Domestic violence has also been one of the most widespread and damaging infractions of human rights in Nigeria. The fact that it has existed throughout socioeconomic, ethnic, religious, and educational lines highlights how ingrained the patriarchal norms are that define intimate relationships in terms of male superiority and female inferiority and historically legitimise domestic violence as something that was not subject to legal action by anyone. Domestic violence has prevalence in Oyo State, one of the most populous regions in the South-West geopolitical region and the custodian of the cultural heritage of the ancient Oyo Empire, which causes physical injuries to hundreds of thousands of women and children, as well as psychological trauma, economic reliance, and in extreme cases, death. In 2015, when the Violence Against Persons (Prohibition) Act (VAPP Act) was promulgated, and subsequently domesticated by Oyo State later in December 2020, it became a groundbreaking step in the gender justice course of the state. However, this legislative achievement has not turned into the transformative enforcement results, and the distance between the legal desire and the living conditions of survivors is quite significant.

This domestication of the VAPP Act in Oyo State came after years of campaigning by feminist organisations and civil society groups, which was fuelled by the fact that the number of reported cases of domestic violence continues to increase despite the COVID-19 lockdown in 2020. According to the Westminster Foundation of Democracy (WFD, 2020), the pandemic period observed that the reported cases of domestic violence in three states entirely locked down, i.e. Lagos, Ogun, and the Federal Capital Territory, increased three-fold, by March to April 2020. In the Oyo State, where Hon. Bimbo Olawunmi Oladeji, the only female in the House of Assembly, 9 th House introduced the domestication bill as a reaction to the wave of violence in the state during lockdown, the enactment of the VAPP Act on December 18, 2020, was not only a legislative victory but also a recognition of crisis.

The VAPP Act is the most inclusive gender-based violence legislation by the Nigerian law in its history. It addresses a wide range of offences such as physical battery, sexual violence, psychological abuse, economic deprivation, female genital mutilation, harmful practises affecting widows, forced eviction, stalking, and provides mandatory responses from the law enforcer, the protection of the victim through an order, the provision of necessary medical and psychosocial support to the survivors and criminal penalties to the offenders (Shajobi-Ibikunle & Kassim, 2023). As of 2023, the Act (or its equivalent) was adopted in 35 states, which indicates almost universal domestication of the Act on the sub-national level. The Oyo State also supplements the Act in the Children Rights Act and uses it in conjunction with state-provided legal tools.

In spite of this legislative advancement, implementation studies indicate that there exists a consistently vast implementation gap. An example of a qualitative study identifying challenges is by Bamidele et al. (2024), who used the Normalisation Process Theory to analyse law implementation of GBV in Lagos and Oyo States, revealing several challenges, such as long delays in family-court proceedings, a lack of human resources in the judicial and social service, bureaucratic barriers to access to legal remedies, impunity of those who perpetrate GBV, overcrowding of shelters, and the lack of protection of witnesses and survivors. More importantly, the research has noted that Oyo officially signed the VAPP Act in 2020 and the difficulties with implementation are structural and systemic, not technical.

Probably the most insurmountable impediments to successful VAPP Act implementation are cultural and attitudinal ones. A study conducted by WFD and Partners West Africa Nigeria (2022) revealed that 39 per cent of the participants stated ignorance of the law as the major obstacle, which was followed by patriarchal cultural beliefs (25 per cent) and lack of political will (23 per cent). There was also misinterpretation of religion. In the case of Oyo State where Yoruba cultural practises bear high normative values and where a community and a family system tends to compel the survivors to stay silent and reconcile with abusers, the attitudinal barriers work in a manner that is frustrating to the official legal procedures. The police officers who are mostly incorporated into society, and who tend to normalise domestic violence have been reported as being unwilling to interfere in what they describe as family issues, a trend that virtually decriminalises domestic violence at the point of first contact.

The global human rights system does give significant normative background. The state is bound by the Convention on Elimination of All Forms of Discrimination against Women (CEDAW) and the Maputo Protocol to which the state of Nigeria is a signatory, to prevent and effectively respond to domestic violence. In their paradigm of ending violence against women in Nigeria, UN Women (2020) has placed an intersection of poor institutional capacity, inadequate funding of victim support services, and deep-rooted cultural impunity as the major obstacles toward the final goal of providing meaningful protection to victims. These observations can be directly applied to Oyo State where the institutional infrastructure to facilitate the implementation of VAPP Act is still underdeveloped.

Research in the scholarly literature on domestic violence law enforcement in Nigeria has since increased substantially since the passage of the VAPP Act, including notably the study by Durojaye (2017), the study by Shajobi-Ibikunle and Kassim (2023), and a study on the effects of the VAPL on the law stakeholders of Southwest Nigeria published in the PMC (2025).

Nevertheless, the literature on the experiences of post-2020 implementation in Oyo State is still limited, which creates a recognisable research gap that this research aims to fill. The paper provides a strict evidence-based discussion of the enforcement dynamics, obstacles, and opportunities related to the implementation of the VAPP Act in Oyo State, and thus it makes a direct addition to the growing body of research on legal responses to domestic violence in West Africa.

1.2 Statement of the Problem
As much as the VAPP Act has been domesticated in Oyo State, the enforcement has not been as effective as envisaged by the piece of legislation. It has been reported that there is a long-term increase in the number of domestic-violence cases, or under-reporting, and that victims face major challenges of receiving justice. An example is that in the period between March 2020 and February 2021, the Oyo State Gender-Based Violence Response Team had reported 692 cases that were mostly against females and children, although very few of them were convicted. There are numerous cases that are not even reported as a result of stigma or fear of reprisals, or the social pressures to reconcile and those that are reported are discussed as family issues by the police officers who seem to be unwilling to help.

This issue is exacerbated by the fact that there is less public and institutional knowledge of the provisions of the Act, little training of law-enforcement and judicial personnel, and inadequate victim-support services, including shelters and counselling, have their place in the long court delays, and there are no strong victim-protection mechanisms. The effect of the Act is further undermined by the cultural and religious beliefs justifying male dominance and female subordination that leads to a culture of impunity among the perpetrators. Empirical evidence, including that of WFD and Partners West Africa Nigeria (2022), indicates that the main barriers are ignorance of the law (39%), patriarchal beliefs (25%) and lack of political willingness (23%).

This lack of enforcement not only serves to perpetuate a cycle of violence, but also undermines the faith of the population in the legal system, and denies the victims their right to their safety and justice, and is contrary to the international laws of CEDAW and the Maputo Protocol in Nigeria. Without specific measures that take care of such systemic flaws, the VAPP Act will be an empty symbolic legislation that has no significant influence on curbing domestic violence in Oyo State. This research is therefore an attempt to empirically investigate these challenges and map out a way to their successful implementation.

1.3 Objectives of the Study

The study is guided by the following specific objectives:

1. To examine the nature, prevalence, and patterns of domestic violence in Oyo State as a context for assessing the VAPP Act’s relevance and impact.
2. To assess the level of awareness and understanding of the provisions of the VAPP Act among law enforcement officers, judicial officials, and community members in Oyo State.
3. To evaluate the effectiveness of the institutional mechanisms established under the VAPP Act for responding to domestic violence in Oyo State.
4. To identify the structural, attitudinal, and resource-related barriers to effective VAPP Act enforcement in Oyo State.
5. To recommend evidence-based strategies for strengthening VAPP Act enforcement and improving protection and justice outcomes for domestic violence survivors in Oyo State.

1.4 Research Questions

The study will be guided by the following research questions, which correspond to the stated objectives:

1. What is the nature, prevalence, and patterns of domestic violence incidents in Oyo State?
2. What is the level of awareness and understanding of the VAPP Act provisions among law enforcement officers, judicial officials, and community members in Oyo State?
3. How effective are the institutional mechanisms (such as police response protocols, protection orders, and support services) under the VAPP Act in addressing domestic violence cases in Oyo State?
4. What structural, attitudinal, cultural, and resource-related barriers impede the effective enforcement of the VAPP Act in Oyo State?
5. What practical, evidence-based strategies can be adopted to enhance the enforcement of the VAPP Act and improve protection and justice for domestic violence survivors in Oyo State?

1.5 Significance of the Study
This research is important because of a number of reasons. First, it answers a gap in critical research by offering a narrow, empirical study of the enforcement of VAPP Act in Oyo State in particular because the domestication of the act is a relatively under-researched topic in comparison with studies that operate on a national or even Lagos scale. It appears in the literature on the topic of implementation of the law, gender-based violence policy, and the implementation of theoretical frameworks, including the Normalisation Process Theory, in the Nigerian context.

To the policymakers and government agencies within Oyo State like the Ministry of Women Affairs, the Judiciary, and the Police, the findings and recommendations will provide practical information on how institutional coordination, allocation of resources, training programmes, and monitoring mechanisms can be improved. Evidence that enhances advocacy, sensitisation campaigns, and service-delivery models will be of benefit to the civil-society organisations and advocates on gender justice.

Finally, the study can also make a positive contribution to victims of domestic violence by pinpointing the avenues to more responsive justice system, less impunity, and better support services. It helps national objectives of gender equality, sustainable development (SDG 5) and human-right preservation by resolving enforcement bottlenecks. The recommendations can also be used to provide a prototype to other states that have to face similar implementation issues.

1.6 Scope of the Study
The research narrows down to the area of domestic violence as the major component of gender-based violence that is included in the Oyo State VAPP Law 2020. It focuses on the dynamics of enforcement (mainly 2021 to date) within the state after domestication. The research area is geographically chosen urban and rural districts, in particular Ibadan and other important local-government areas. The study involves major stakeholders, such as law-enforcement agencies, judicial officers, easily accessible survivors, civil-society organisations, community leaders as well as government ministries concerned. Although the study is based on national and international frameworks, the main analysis is state-specific. The research neglects to include all types of violence against persons (e.g. isolated FGM or trafficking) unless directly related to the context of domestic violence.

1.7 Limitations of the Study
Limitations that may be faced in the study include not all the survivors would be willing to participate because of trauma or stigma, there may also be biasness in self reporting data provided by the officials, and difficulty in obtaining official prosecution rates because of poor record keeping. The sample size may be limited by resource and time limitations. These drawbacks will be undermined by following strong ethical procedures, data triangulation (interviews, surveys, secondary data), and confidentiality guarantees. Although the results are specific to Oyo State, they might not be comprehensive enough to be considered in other states where the socio-cultural dynamics are different.

1.8 Definition of Terms

• Domestic Violence: Refers to any act or omission that causes or is likely to cause physical, sexual, psychological, emotional, or economic harm or suffering to a person in a domestic relationship, as defined under the VAPP Act. It includes intimate partner violence, abuse of children or other family members within the household.
• Violence Against Persons (Prohibition) Act (VAPP Act): The 2015 federal legislation (domesticated in Oyo State as Oyo State Violence Against Persons Prohibition Law 2020) that prohibits all forms of violence against persons, establishes protections, and prescribes penalties.
• Enforcement: The process of implementing the VAPP Act, including reporting, investigation, prosecution, adjudication, provision of remedies and protection orders, and support services for survivors by relevant institutions.
• Survivors: Individuals (primarily women and children) who have experienced domestic violence, emphasizing resilience and agency rather than victimhood.
• Gender-Based Violence (GBV): Violence directed against a person because of their gender or that disproportionately affects persons of a particular gender, often rooted in gender inequality.
• References
• Durojaye, E. (2017). The Violence Against Persons (Prohibition) Act 2015 and the protection of women’s rights in Nigeria. African Human Rights Law Journal, 17(1), 1–25.
• Federal Republic of Nigeria. (2015). Violence Against Persons (Prohibition) Act 2015. Federal Government Press.
• Ogunleye, B., Adeyemi, F., & Lawal, A. (2024). Stakeholders’ engagement with law to address gender-based violence in Southwest Nigeria. BMC Public Health. PMC Article PMC11816574.
• Shajobi-Ibikunle, D. G., & Kassim, R. M. (2023). Domestic violence: A critical review of the Violence Against Persons Prohibition Act (VAPP) 2015. In Shackelford, T. K. & Meehan, M. K. (Eds.), Encyclopedia of Domestic Violence. Springer.
• Westminster Foundation for Democracy. (2020). Tackling violence against women and girls in Oyo State, Nigeria. WFD Report.
• Westminster Foundation for Democracy. (2022). Overcoming the challenges to the effective implementation of the Violence Against Persons Prohibition Act in Nigerian States. WFD Policy Brief.
• Partners West Africa Nigeria. (2022). VAPP Tracker: Status of VAPP Act domestication across Nigeria. Partners West Africa Nigeria.
• UN Women. (2020). Ending violence against women in Nigeria: A framework for action. UN Women Nigeria Country Office.
• World Health Organization. (2022). WHO ethical and safety recommendations for researching, documenting and monitoring sexual violence in emergencies (updated ed.). WHO Press.