Abstract:
The woman has over the years been relegated to the background despite her key
roles in the general life of humankind. The patriarchal African society treats the
woman as a second class citizen through domineering tendencies that manifest in
sexual relationships, domestic decision making, political participation, public
governance and indeed every sphere of life. The woman is maltreated, dominated
and traumatised through violent instances of rape, sexual assault and exploitation,
forced prostitution, trafficking, domestic torture, obnoxious customary laws and
other harmful institutionalised traditional practices. These vices constitute the
hallmark of violence against women being perpetrated by society. Recently, there
has been an increased number of movements championing the advocacy for
gender equity at the local, national and international levels. Even though some of
these advocacies have even translated into legal instruments, the problem of
gender-based violence still persists. This paper examines gender-based violence
laws from a feminist perspective with specific reference to sexual violence, and
the general societal domination of the woman. The concept of patriarchy as
reflected in customary laws is explored as well as harmful traditional practices
that put the woman at risk. The paper analyses sections of the Nigerian
Constitution that blatantly permit various forms of violence against women. The
paper submits that unless a thorough amendment of some anti-women sections of
the constitution is done; with all ambiguities disambiguated, traditional practices
unfriendly to women are jettisoned, customary laws cease to take pre-eminence
and international legal instruments are domesticated, the ceaseless women
emancipation campaigns and advocacies may not come to fruition.
