The following information was provided to the Research Directorate by the Coordinator of the Nigerian Women's Human Rights Programme, Legal Defence and Assistance Project (LEDAP), in correspondence dated 18 September 2002:

There are no specific laws on domestic violence. All that is available is the general provision of assault in the criminal code (applicable in southern Nigeria), which is even discriminatory against women. Assault on a woman is a misdemeanor and carries a one-year sentence while assault on a man is a felony and carries a two-year sentence. 99% of perpetrators of domestic violence are set free in Nigeria. For Northern Nigeria, S.55 of the Penal Code empowers a man to beat his wife.

Shelters - There are no available shelters for victims of domestic violence in Nigeria except one that has just been set up by an NGO in Lagos. The government does not provide any services for victims of domestic violence.

The Police - The police in Nigeria do not offer any protection to victims as domestic violence is termed "private and domestic" by police officers. Most of the time the victim becomes the accused as she is accused of not being a good wife/girlfriend. She is therefore advised to go home and be a good wife/girlfriend. The police rationalize whatever violence is inflicted on the victim. Since there are no laws on domestic violence, there are no binding restraining orders by the police except by the court under the general criminal proceedings but hardly for domestic violence.

The are a couple of women's NGOs working on domestic violence. LEDAP my organisation offers free legal service to indigent victims of domestic violence. We are right now carrying out an advocacy campaign for the enactment of a domestic violence law in six states of the federation. Project Alert based in Lagos is the only NGO that has a shelter for victims of domestic violence in Nigeria. ... There is also the national coalition on violence against women. ... Others include BAOBAB, [and] Women's Aid Collective based in Enugu. ...

There are no specific legal services for victims of domestic violence. Most women suffer in silence and do not even seek legal services/assistance because of the attitude of the police and the cumbersome legal procedure. There is no protection for victims of rape and other sexual offences as the cases are heard in open court and the defence lawyer has no limits to his cross examination. The victim is usually further traumatized in court and most women opt out and suffer in silence.

Referring to a draft bill on domestic violence described in NGA39354.E of 2 August 2002, the Coordinator stated that "the bill at the National Assembly is not for domestic violence but violence against women," further stating that this bill is presently "with the drafters at the National Assembly." The Coordinator explained that she was part of the team that drafted this bill and is also part of the advocacy team for its passage into law.

This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Women's Human Rights Programme, Legal Defence and Assistance Project (LEDAP), Lagos. 18 September 2002. Correspondence from the coordinator.

According to the Kabissa website, LEDAP is "engaged in the legal protection of human rights in Nigeria. It is a membership non governmental organisation of law professionals working voluntarily to improve the regime of human rights and the system of administration of justice in Nigeria." http://www.kabissa.org/contact/index.php?action=view&id=8 [Accessed 1 Oct. 2002]