Nigeria is within the `West Coast of Africa' (DHS, 2013) between latitude 4<sup>0</sup>16 and 13<sup>0</sup> 53 North and Longitude 2<sup>0</sup>40 and 14<sup>0</sup>41 East. It is located bordering the Commisceo Global 2019, https://www.commisceo-global.com/resources/country-guides/nigeria-guide`Gulf of Guinea and between Benin and Cameroon,' It occupies an approximately DHS, 2013 923,768 square kilometres of land, stretching from “the Gulf of Guinea on the Atlantic Coast, in the South of the fringes of the Sahara Desert in the North” (DHS, 2013).

2.3.1 General Overview of Nigeria Map

https://openi.nlm.nih.gov/detailedresult.php?img=PMC4603956_pone.0140021.g001&req=4Source:Akinlua, Meakin & Umar (2015)

Nigeria's territorial borders cover up to Niger and Chad in the North, while the Republic of Cameroon in the East and Benin Republic on the West. It is the most populous black nation in Africa and the 14 largest in terms of land mass. According to 2006 Housing and Population Census, the population of the country was 140,431,790 million people (NPC, 2006). Presently, Nigeria population is estimated to be Commisceo Global report 2019 177,155, 754 (2014 est.). And most recently, the population figure of Nigeria is 190,886,311 (World Bank, 2017). It has over 250 ethnolinguistic groups including the Hausa Fulani 29%, Yoruba 21%, Igbo (Ibo) 18%, Ijaw 10%, Kanuri 4%, Ibibio 3.5% and Tiv 2.5% etc. The religion composition Muslims 50%, Christian 40% and Indigenous beliefs 10%. The country is divided into the Northern region, which is predominantly Muslims, while the Southern part is Christians, Nigeria's polity can be scholarly understood through the political zoning structures. The country is divided into six geopolitical zones, the North is sub-divided into three zones which are North-East (NE), North-West (NW) and North-Central (NC), while the South is sub-divided into three zones, the South-East (SE), South-West (SW) and South-South (SS). Administratively, the States are structured within these zoning standpoints. Nigeria as a nation is divided into 36 states including the Federal Capital Territory (FCT) The nation has a structural legal system of English common law, Islamic laws within the Northern area popularly known as the `Sharia' law which is enshrined in the civil and criminal laws within the Muslim tribes since 1999 (Nations Online reports,2017). The condition of Nigerian women is entwined with religious unit, women dressing are lesson from religious teaching, whereas in the North, Islamic norms shape the total way of life of the people, and mostly these religious teaching confines women to households activities, occasionally they are not allowed to move freely most especially if they are married and they are posed with restrictions of roaming beyond the confinement of their respective vicinity, these situation are common with the rural areas of the Northern part of the country. While in the urban cities of the women usually sold cooked food within their resident and sometimes, they vulnerably send their young teenage girls to hawk on the streets and public places which susceptible posed them to physical, sexual or psychological violence (Bello, 2017). Admittance to education is low, most especially the Northern region, which has been stipulated that Muhammed Adamu (2015) The Rights of Women, https://www.blueprint.ng/the-rights-of-women-2/“the girls are hawking wares or doing household chores, ActionAid also confirmed that education development in the North is been left behind compare to other parts of the country”. In the Southern part, traditionally women are more economically industrious due their fate as Christians, their background kind of support interregional trade, market and farming which enhance their occupations from any form. Restrictions are limitless, which gives women a voice within the traditional system and local organization. (Bello, 2017).

In the Yoruba (South-West) speaking area of Nigeria, women are more educated due to western civilization that started from the region (British colonization) this have given women the opportunity to occupy viable and professional positions hitherto, women are predominantly head of households which are not well recognized in the Nigeria development context which is most common in the South. Nigeria is a patriarch society, where women are controlled by their male counterpart irrespective of whether they are rich or poor, urban or rural, educated or uneducated they face all sort of dehumanizing and oppressive abuses from their male's counterpart (Bello, 2017).

The Igbo from the South-East occupies the Eastern part of Nigeria, they are well acknowledged for their patronage of western culture and system of education, they are mostly innovative in the areas of commerce and the civil service. The Igbo are more of business-oriented people which enables them to immigrate virtually to every nooks and cranny of the country. The women are very industrious which boost their expertise in the commercialization process and make them self-empowered to carry out trading as a means of livelihood. The marriage system is highly a treasurable institution in Nigeria. Adultery is seen as a shameful act in the Igbo tradition, on this note, many men use the cultural institutional platform to abuse, beat, criticize and at worst case divorce their wives because they refuse to share the marital bed with them, instead of them seeing reasons with their spouses they result to marital rape in some extent (Bello, 2017).

2.3.2 Regional & Composition of the Northern and Southern Region

The trend of disparity and inequality among the Nigerian state can be traced from the colonial era Raheem Moyowa (2014) Regional Imbalances and Inequalities in Nigeria: Causes, Consequences and Remedies, ResearchGate. file:///C:/Users/Morris/Downloads/REGIONALIMBALANCES.pdf“The differential rates of operation of colonial administrative, political, and economic development processes seem to have created the regional inequalities and imbalances” traditionally, these attribute present inequalities challenges faced by women in the country today. Moreover, its origin can also be traced to the amalgamation of the Northern and Southern protectorates in 1914 by Lord Lugard (Ajayi & Fashagba, 2014). This singular act brought people from different ethnic, tribes, culture and religious affiliations to form what we have as Nigeria. Nigeria runs a presidential system of government, the country is divided into 36 states including the Federal Capital Territory (FCT) Abuja, these 36 states of the country and the FCT is categorically sum up to 6 geopolitical zones as mention above, North-Central comprises of 7 States which are Niger, Kogi, Benue, Plateau, Nassarawa and FCT, while the North-East contains 6 states, they are Bauchi, Borno, Taraba, Adamawa, Gombe and Yobe and North-West are 7 States, which are Zamfara, Sokoto, Kaduna, Kebbi, Katsina, Kano, and Jigawa. However, South-East is 5 states they are Enugu, Imo, Ebonyi, Abia and Anambra while the South-West are 6 states they are Oyo, Ekiti, Osun, Ondo, Lagos and Ogun and lastly South-South are 6 states, they are Bayelsa, Akwa Ibom, Edo, Rivers, Cross Rivers and Delta (EASO Report 2017). The climate is usually rainy seasons and dry season, the annual rainfall is up to 4,000 millimetres, while in the southeast rainfall is between 2,000 and 3,000 millimetres same goes with southwest. However, in the north, the rainfall is between 1,250 and 2,500 millimetres per annum (NBS, 2011). Obviously, the southern region tends to harvest more in terms of agriculture produces compare to the north due to the natural climate conditions, in order to meet up with the trend of agricultural produce of the southern part the north improvise the irrigation farming system. The Northern part of the country is predominantly Muslims although there are other minor religious practices, while in the Southern part is mostly Christians as postulated below.

Table 1.2

The Percentage of Religion among Male and Female

Source: Population Reference Bureau, PRB, 2006, NPopC, NDHS, 2013

The largely Muslims population from Northern part of the country usually controls the government at the centre (FCT, Abuja) while the Coastal, greatly urbanized region of the country are largely Christians of the South (PRB, 2006). Although the country's economy is purely dependent on oil industries, it is the highest sources of revenue for the government. Additionally, the economy is being diversified within the area of agriculture, mine and steel etc. Despite, its rich resources, EASO Reports 2017 62% of Nigerians lives in abject poverty. Politically, the power-sharing formula between the Northern and Southern region is very delicate as a result of the socioeconomic imbalances, the South is richer than the North because of the oil reserved located around the Niger-Delta (South-South).

Table 1.3

The Percentage numbers of women and men within the North and South

Source: Population Reference Bureau, PRB, 2006, NPopC, ORC, NDHS, 2013

Based on the data above regional distribution of the population of women in the North is more compare to the population of women in the South, though the level of illiteracy is higher in the north compared to the south, the literacy level among parents and guardians within the 6 geopolitical zones obviously the Dr. Francis Akubuilo, Dr. Monica Omeje, Department of Arts Education, University of Nigeria Nsuka http://www.ijoart.org/docs/Women-Education-in-Nigeria-Predicaments-and-Hopes.pdfSouth-West 73.6%, South-South 71.9%, South-East 74.1% and while the North-West 33.8%, North-East 33.8% and North-Central 54.9% the quest for education within the north is low compared to the south and this clearly show that children within the north are less interested in the formal education as compare to the south due to parents less interest in formal education.

2.3.2.1 The Nigeria ethnics, Socio-Demographic and Cross-Cultural as it relates to Gender Issues

Nigeria population according to NBS (2011) is 140,431, 790, while males are 71,345,488 and females are 69,086,302 as of 2006 population census. World Population Review (2019) http://worldpopulationreview.com/countries/nigeria-population/

Presently, the story is different so far Nigerian population is rank among the 7 largest population in the world with an estimation of 200,962,417 with a 50.69% of males and 49.31% of females at a growing rate of 2.60%. The Nigerian youths contribute 45% of the country's populations which is within the active range of 18 - 35 years of age (Nigerian National youth policy, 2009). Another important aspect is that there are no sub essential data for marriageable age with parental consent when it comes to female youth in Nigeria.

Table 1.4

Geopolitical Distribution of Nigeria's Population Figures 1.1

Source: National Population Commission 2006

Source: NBS 2011

2.3.2.2 Northern region of Nigeria

Northern Nigerian comprises of the three GPZ which are the NC, NE, NW this zone comprises of 19 states including the Federal Capital Territory, Abuja. The total population of the Northern states are 75,443,854 which is 53.4%, Males comprises of 38,378,847 means 26.8% while the females are 37,070,077 of 26.8% (NPC, 2006). Although, among the zones, North-West seems to be the highest population within the region as it can be observed from the graph above. The significant number of female's population in the country comes from this part of the region. The Northern region is also the highest population density in the country and as well as the major ethnic tribes. Hausa-Fulani ethnic group are mostly backing the patriarchal structure, the Hausa/Fulani's are the majority within the north, however, there are other minorities groups within the northern region also, the Northerners are more of gender dominating system, these peculiarities could be attributed to its religious affiliations. The northern ethnic groups' support wife beating than the southern ethnic groups like the Yoruba, Igbo or the southern minorities (Regina, 2011). The Hausa constitute the largest ethnic group in the country, it is 25% of Nigeria's population. They are peculiar with cattle rearing, trading and livestock's (World Atlas, 2019). Moreover, Hausa-Fulani tribes are more of the ones that dominate the political echelon structure of the country and use Islam law known as `Sharia' to promulgate their rules (study.com 2019).

The North-East of the country, however, remains the most violent region of the country most especially Borno State located in the North East, where “Boko-haram' (meaning education is a sinful act) insurgency has rain havoc due to its atrocities within the area. This viciousness has affected a significant number of women and girls ranging from forced marriages, rapes, destroying homes and posing the women and girls as vulnerable instruments to perpetuate their evils which has increased to 30% from 2013-2014 (Taft, 2015). Education in the North remains a great set back, the level of school involvement has degenerated due to these Islamist fundamentalists or extremists “Boko-Haram” targeting young women and girls in schools. Thus, these mayhems have drastically reduced the participation of women in both formal and non-formal education thereby leaving more than 50% of young women ages 15-24 years with no knowledge of western education also in Borno. The participation of female's students' rates drops to 29% in comparison with the National average of 53% (Hatch, 2012).

The North Central is more frequently called the Middle-Belt among the people of the region, it comprises of 7 states including the FCT, Abuja. this part of the north is slightly Christians predominant area with over 250 ethnic groups. It is an overmixed religious population of the north as a result of the Othman Dan Fodio Jihad of 1804 brought the existence of few Muslims within the region. The mainstay of the region is fishing and agricultural production. It has the capacity of both food and cash crop comparable to the Eastern and southern zones of the country. In spite, of the rich nature of land in the middle belt is one of the least developed part of the Northern region exception of the federal capital territory (Abuja). Whereas it is the region that holds the northern and southern part of the country together. Despite, its contribution to nation building, integration, yet it still suffers a setback in different socio-economics problems ranging from poverty, unemployment, lack of basic amenities for instance schools, hospitals etc. Recently this part of the country also faced with crisis arising from herders and farmers clashes, this situation Grace Atim “Armed Conflicts and Women in North Central Nigeria” http://www.academia.edu/33231386/Armed_Conflicts_and_Women_in_North_Central_Nigeria“brought ethno-religious conflicts, settler of indigenous tussle, political violence, Boko Haranism etc.” this perspective has tremendously affected women and children negatively who are a vulnerable part of the society.

2.3.2.3 Southern Region of Nigeria

The southern part of the country comprises of the three GPZ, which are SW, SS and SE, it is made up of 17 states with a population figure of 65,182,063 which is 46.4% of the total population. The males comprise of 32,991,641 which is 22.9% while the females 32,190,427 which is 23.3% (NPC, 2006). Historically, southern Nigeria use to be a British protectorate in 1900 (Hubert de Vries, 2009). In 1906 Lagos the colony was joined officially to form the protectorate of Southern Nigeria. And in 1914 the southern and northern Nigeria was amalgamated to form what is referred to as Nigeria (Hubert de Vries, 2009).

The southern group of people have broken down into small units or ethnic groups, the most influential group of the south are the Igbo's and the Yoruba's both forms most of the southern part of Nigeria. The southern part is predominantly Christian and traditional religion. The Yoruba occupies the south-west, while the Igbo south-east and in between, the oil-rich states which is the south-south also referred to as the Niger-Delta. The south-west is the most westernized region as a result of Lagos been the first capital and the largest cosmopolitan and economic cities in the region and the introduction of the first university in 1948 located in Ibadan gave rise to western education as well as giving the south-west the opportunities of occupying prominent positions within the political structure of Nigeria (Hadad, 1991).

The south-west due to their acquaintances with foreign nations many Yoruba who returned to the country after the abolishment of slave trade established Anglican church the like of Bishop Ajayi Crowther and this also gave the south-west a sense of ethnic identity.

South-east, they are called the Igbo's, traditionally they divided among ethnic lines, however, they are autonomous in nature The library of Congress country studies, CIA World Factbook. https://photius.com/countries/nigeria/society/nigeria_society_the_southern_area.html “in 1990 they were as much as 5 to 10 times larger in terms of population, making severe land shortages and overused farmland a widespread problem” among them. The Igbo culture is mostly a business-oriented set of people. During the precolonial era trade within the Niger-River across the coast, stimulated development within the south-east, Onitsha town to be precise. One important factor within the Ibo culture they have a hierarchy system, which respects and honour those within the apex of the structure and those beneath the structure are regarded as slaves, and these group within the lower structure are referred to as `Osu' mostly women with these groups are stigmatized and downcast as low status. “the other end of the scale was known descendants of people, especially women, who were originally slaves. They were akin to Indian `untouchables' low in status and avoided as marriage partners” (Hadad, 1991).

South-south is made up of Ijaw, Ibibio, Anang and Efik they are partly farmers as well as fishermen within the coastal waters, these groups are the minority within the southern region of the country, they seem to have similar tradition and customs more likely related to the Igbo culture. It comprises of 6 states; it is the bedrock of Nigeria economy in respect to oil and gas. Among the six oil-rich states, Bayelsa contribute over 30% of Nigeria oil products and it was the first State were the first oil exploration was discovered in 1956 called the `Oloibiri' (12008ft) while Rivers State account for 40% of Nigerian's crude oil (Asenguah, 2017). Although, before the discovery of oil exploration in the south-south zone the inhabitants were growing all sort of food crops such as plantains, yam, cocoyam and vegetables, but however, with the advent of oil, these rich agricultural environment has been degraded due to oil spillage thereby posing threats to crops and human as well. In spite the huge revenue generation from the south-south zone the people remain in abject poverty (Odock, 2012). Despite vast revenue and resources within the region, yet the region suffers as a result of environmental dilapidation which has immensely affected their fishing and farming areas because of oil spillage. This situation has undermined their means of livelihood thereby intensifying oil theft as the order of the day and armed groups within the region (Aoav & Nwgav, 2013). This predicament has posed a great challenge within the south-south as well as the Southern region of Nigeria.

2.4 Definitions and Understanding Domestic Violence Concepts

Domestic violence in this context has to do with assaults or coercive actions that take place within the confinement of a home by both partners who are intimately in a relationship either by marriage or close friendship. According to the US Department of Justice define DV https://www.childwelfare. State Status, Child welfare, August 2017

gov/topics/systemwide/

laws-policies/state/.“A pattern of abusive behaviour in any relationship that is used by one partner to gain or maintain and control over another intimate” DV can be physical, economic, emotional or psychological intimidation that coerce another individual, it could be either a male or female, however, this includes manipulation, humiliation. Frighten, terrorism, coercive, threatening, blaming, hurting, wounding, or injuring etc. (Child welfare, 2017). Department of Justice and Constitutional Development, Republic of South Africa http://www.justice.gov.za/docs/articles/201408-gcis-DomesticViolence.pdfDV is also regarded as a serious social evil. It is also observed by the United Nation Commission Draft, (1992) states that Hadiza Iza Bazza, Department of Education, University of Maiduguri, 2009, Society without Borders, “Domestic Violence and Women's rights in Nigeria.“any act of gender-based violence that results in or is likely involves physical, sexual or psychological harm or suffering to women, including threats of such acts, as coercion or arbitrary deprivation of liberty whether occurring in public or private life” a careful examination of the definition show that the elaborative extent of violence and to what extent it can be view as DV, but another viewpoint in the Russian federal law gives an explicit understanding of the definition of DV, it defines DV as an ANNA Centre research work on the Draft of the federal law “on the prevention of DV in the family”“intentional illegal act (action or inaction) committed in domestic sphere by one person against another if it violates rights and freedom of that person, and (or) causes physical pain, health damage, moral and property damage” so one good point to note is the aspect of the rights and freedom, this clearly shows that equality within men and women was clearly defined by the constitution but in practice, it is a different bore game altogether. DV takes the forms of physical, psychological, sexual and economic violence etc. Having observed the definitions carefully understanding of the forms of domestic violence is pertinent to the study. According to the Amirthalingam 2005 “UN Special Rapporteur on Violence Against Women, has defined DV gender terms as violence perpetrated in the domestic sphere, which targets women because of their role within that sphere or as violence which is intended to impact directly and negatively on women within the domestic sphere”

The concept domestic as the word implies is mostly surrounds issues that are within the confinement of a home or house where family, marital, blood or affined relations lives and it could be between persons or a group of persons who have a mutual understanding and as well have a common child/ren together, people living together in a house, flat or vicinity etc. this gives a clear idea of what domestic envisage. So far, the studies have prevailed that domestic violence contribute to ј of all crimes committed around the globe (Bazza, 2009).

Women all over the world have continued to suffer this menace of physical, psychological and sexual violence however these atrocities differ from countries due to different cultural ideology. A research carried out states that 10-50 per cent of women have experienced physical assault by their intimate partners in one way or the other in their lifetime, thus NDHS findings from a preliminary review according to the World Health Organization (WHO) states that the Amirthaliingam, (2005) Women's rights International norms and domestic violence: Asian perspectives “WHO in its first report on violence and health (2002) reveals that between 40 per cent to 70 per cent of women die to homicide are killed by current or former partners.”

In Nigeria, a report by Shija shows that an average of 300 - 350 women have been killed due to DV related situation every year, most of the killings are committed by husbands, boyfriends, male relations and intimate partners, most times this issue never experience the light of the day as they are being considered as `family issues' which poses great threats in ameliorating DV related issues. DV subjugate women in the Nigerian context irrespective of their academic achievement, social class, age and environmental conditions this is because the system of the Nigerian law and customs observe women `as an object rather than human' Gender-based violence is the most horrifying description of gender inequality between man and woman (Bazza, 2009). The family unit which is one the most important structure of the society has become a thorn in the lives of women around the world due to cultural prejudice. It is on this note that women's rights become a powerful tool for the agitation of gender mainstreaming or equality, according to Nwankwo, the law ignores the significance of the issue (Bazza, 2009).

2.5 Women's Rights in the Context of Domestic Violence Policies

Hadiza Iza Bazza, Department of Education, University of Maiduguri, Borno Stata, Nigeria.“DV constitutes a violation of women's human rights” furthermore violence within the confinement of a family which is referred as domestic in nature, contravenes the fundamental principles of human rights of a woman as it is been laid out by the constitution, these rights are numerous, right to life, right of equality before the law rights to association, assembly, worship etc. As a matter of fact, the patriarchal nature of Nigeria society is detrimental to the rights of women, these rights are often been relegated to the background as a result of cultural, religious and societal norms which hampers the balance of power relations between men and women (Odiaka, 2013).

In 1948, the Universal Declaration of Human Rights (UNDHR) was established the http://www.un.org/en/universal-declaration-human-rights/“Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom” it basically on this platform that the expression of rights to which all human beings are entitled, became a blueprint form for many international treaties and laws that focuses on human rights (Oxfam, 2018). Women and girls' rights are therefore eligible to enjoy full and equal rights which all benefited from the Universal declaration and to be free in all ramification of any form of discrimination which is the bedrock to achieve human rights, peace and security. It also includes the rights to health, education, political participation, economic wellbeing and freedom from violence (Oxfam, 2018) all these rights are encompassing in the CEDAW Charters (1979) yet DV has become a cankerworm destroying every sphere of human society. As observed by Oxfam `violence against women' is a human rights violation and a major obstacle to human development. “1 in 3 women have experienced physical/sexual violence at some point of their lives furthermore, 2 in 3 are victims of intimate partners/family related homicide are women” (UN, 2015). In 1980 Malaysia and Singapore took a drastic step in curbing DV with campaign strategy reaching the local communities, they both initiated `family court' to deal with domestic violence related issues, however, some positive results were achieved to some extent but unfortunately the legal reform continues to be a hindrance, the result of the lackadaisical setback is that DV cases are treated as family-related issues with less emphases on laws guiding and preventing the family unit. The cultural interplay on policy gives the opportunity of treating DV as a family matters rather than women's rights violation. Thus, DV should be treated as women's rights challenges and not a family priority as it has always been (Amirthalingam, 2005).

The Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) was established in 1979, entered into force in 1981 and its Optional Protocol (OP) 2000, It is a legally binding instrument that defines discrimination against women (Oxfam, 2018). This treaty was implemented to further intensify force on ending all forms of `violations against women'. It was meant to protect and maintain women's human rights and put an abrupt end to discrimination against women. Despite the CEDAW treaty which Nigeria as a nation ratified moreover, recent research conducted signifies that women within the urban centre of Lagos and Ibadan claimed to have been victims of DV (Bazza, 2009). Universal Declaration (1948) and CEDAW (1979) plays significant roles to eliminate all forms of discrimination of women and also protect women and girls' rights, but cultural prejudice seems to hold sways with early or forced marriages in Nigeria, however, early marriage of girl-child is common within sub-Sahara Africa and South Asia, East and West Africa marriage of girls between the ages of 7 and 8 are likely common. In the Northern part of Nigeria, the average age for marriage is 11 years of age for women and could easily go less than these in some cases. A study by NDHS shows that 26.5% of couples their age gap is 15 years between husband and wife (Bazza, 2009). This situation pose a threats for the girls child through health complications during childbearing and eventually increased health risks like the `obstetric fistula' the treatment rate have increased from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6020337/“2000 repairs in 2003 to 6000 repairs in 2013, as a result of inequity to access maternal health care, reproductive rights and distribution of social resources for women” (Amodu, Salami & Ricter, 2018). There are more serious medical impediments like the Vesico-Vaginal Fistula (VVF) and Rectum Vaginal Fistula (RVF) these medical condition most time women are considered unhygienic, ostracized by the society and discriminated against which is caused by early marriage or forced marriage, in Ngozi Oluchukwu Odiaka, Afe Babalola University, Journal of Sustainable Development law and policy, The concept of Gender Justice and Women's rights in Nigeria.Nigeria this condition affects 150,000 women, as a matter of fact, 80 - 90 per cent of these wives with VVF are divorced by their husbands (Odiaka, 2013). Obviously, the trauma most women go through in their matrimonial homes just because of forced and early marriages has contributed immensely to DV where the husbands can no longer tolerate this reproductive complication caused by them through early marriages. However, this sort of situation where the women decide to stay for the sake of her children, it becomes a nightmare and her rights are violated regardless of the illness.

Marital rapes and sexual assaults are another serious issue of DV, that a lot of wives are suffering in silence in other to protect their marriages, violent or forceful sexual intercourse by a male or husbands within the confines of a home is considered a violation of human and women's rights. Chapter 30 on `Assaults on females: Abduction' of the Criminal code, section 357 state that Criminal Code Act, Law of the Federation of Nigeria 1990 “Any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of harm, or by means of false and fraudulent representation as to the nature of the act, or, in the case of a married woman, by personating her husband, is guilty of an offence which is called rape” (Bazza, 2009). According to the WHO, the range of 10.4 percent and 30.3 percent of women tend to report cases of sexual violence by husbands which drastically shows that they have agonizing sexual violence in their marriage lives (WHO, 2002). 12 - 15 per cent of women in Nigeria have experienced forcefully intercourse by their companions (Watt & Zimmerman 2002; Bazza, 2009). This portrays that even where the laws are existing and the rights are supposed to be upheld, women's rights are contravened and relegated to the background.

A study carried out by the 48 baseline population surveys across the globe, between 10 per cent to 69 per cent of women have been victims of physical assault by their close companions at a given period in their lives (WHO, 2002). Furthermore, in another study shows that physical and spouse violence from different part of the world in Columbia 41.1 per cent, Haiti 27.3 per cent, Nicaragua 30.2 per cent and in Peru 41.2 per cent (WHO, 2002). However, in Nigeria, 28 per cent of women have experienced physical violence (NDHS, 2013). It has been observed by women's rights group in Nigeria that 20 percent of women have experienced physical, sexual or psychological violence from their husbands, spouse or partners (VOA, 2017, RBC, 2017). Indeed, DV cases in Nigeria do have any specific recorded data, however, it poses a challenge to the issue of women's rights most times, these women are not knowledgeable about their fundamental rights as citizens. The customs and traditions in a multi-ethnic country as Nigeria gives an opportunity for DV to strives. The Nigerian federal and states laws made it trivial to criminalized DV, for instance the Penal code and Criminal code cannot reprimanded perpetrators of DV under the assault section 351ref: “Offences against the person relating to marriage, parent rights and duties is against the reputation of the Individuals”( Part 5, Chapter 29, Section 351 - 353) of the law, somehow, these code do not recognize marital rapes, the reason is that it is challenging in most cases to prove marital rapes in the Nigeria system, so far there are no significant data on marital cases which eventually affect the women's rights against DV, despite these the international policies on DV the laws are clandestinely designs to suit the patriarchal nature of the system (IRBC, 2017).

Another aspect to ponder upon is that the legal rights of women are still violated hitherto, the laws (penal & criminal codes) remain the same without any amendments since its inceptions. In these 21^st century, equality of women and men are only stipulated in papers but in practice it is another bore game entirely with cultural and traditional norms restraining women's human rights because of the “equality of both sexes is alien to most native laws and customs” (Muftau, 2015). At this moment, there are no specific laws that protect the rights of women against DV and this clearly define the reasons why the trending cases of DV cause for a great concern and if it persists it will be a hindrance to human capacity development in Nigeria as nations. It is pertinent that all hands must be on deck to salvage the nations from this endemic (Bazza, 2009).

2.5.1 International and Regional Policy on Women's Rights

The cultural norms and legal culture have not so far been favourable to gender-related issue in the world. Therefore, there is a need to infuse the judiciary system of Nigeria with international policies framework on DV. However, emphases must be placed on the current trend of DV and to ensure women rights are adhered to. The study will be discussed some of these international and regional policies on DV.

2.5.1.1 International Perspectives

From the inception of the United Nations, equality has been a paramount phenomenon between man and women, it one significant mandate of assuring human rights. This Charter was espoused in 1945, the Charter of the UN sets out its agenda Women's Rights are Human Rights, United Nations, Office of the High Commission, 2014 https://www.ohchr.org/Documents/Events/WHRD/WomenRightsAreHR.pdf“to reaffirm faith in the fundamental human rights in the dignity and worth of the human persons, and in the equal rights of men and women” Article 1 of the Charter further ensures that the essence of the United Nations is to encourage tolerance for human rights and fundamental freedom “with distinction as to race, sex, language or religion” (OHCHR, 2014, P3). Thus, this forbids any gender-based discrimination based on sex. Furthermore, the Universal Declaration of Human Rights (UDHR) was approved clearly stipulate the equality benefit to both men and women as regards to the issue of rights. In addition, during the Universal declaration adoption, something remarkable happened in respect to the term `all men' which was initially used to address the charter, but due to issue of gender sensitivity and much deliberation the term was changed to `all human being' and in order to bridge the gap between men and women, the term `everyone' was consequently adopted this goes to show the relevance of women's rights which is also perceived as human rights (OHCHR, 2014; P4)

After the UDHR declaration, two important policies documents on human rights treaties were established, (1) the International Covenant on Civil and Political Rights (ICCPR) and (2) the International Covenant on Economic, Social and Cultural Rights (ICESCR) they are both referred to as the International Bill of Human Rights which various states rectify and acceded to them and Nigeria is not left out. The ICCPR and ICESCR both eventually forbid insightful statement on gender disparities and ensure uniformity of rights enjoyed by both sexes (IRBC, 2007; UN 2017). In 1967 the UN implemented the pronouncement on the `elimination of discrimination against women' categorically, says that UN 2014 “discrimination against women is an offence against human dignity and ensure that all States abolish existing laws, customs, regulations and practices, which are discriminatory against women and to establish adequate legal protection for equal rights of men and women” for the first time international covenant gave a credible acknowledgement to the plight of women's rights. The Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) is gear towards given women's rights a priority, it came into existence in 1979. It established the notion of `sex-based discrimination for the first time. CEDAW, obligate State adoption for complete abolishing any form of discrimination to achieve sustainable equality among men and women. It also ensures that State (countries) adhered not only in the area of rectifying the laws but ensure the practices, customs and discrimination against women by husband, intimate partners eliminated (Oxfam, 2018; UN, 2014).

Furthermore, the CEDAW Convention critically analyse the issue of marriage and family affairs extensively and further elaborated on what discrimination against women's rights encompasses. The Convention explains that https://www.ohchr.org/Documents/Events/WHRD/WomenRightsAreHR.pdf“any distinction, exclusion or restriction made on the basis of sex, which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of man and woman, the Human rights and fundamental freedoms in the political, economic, social, civil or any other field” This further explains discrimination in whatever circumstance on the basis of sex are categorically stated clearly in three-manifolds: firstly if it is `intentionally or unintentionally disadvantageous to women' secondly, if it `prevents society as a whole from recognizing women's rights in both the private or public sphere' and thirdly if it `prevent women from exercising the human rights and fundamental freedom to which they are entitled for too' (OCHR, 2014). The CEDAW Convention was propagated to reduce any form of discrimination against women and to upholds their rights as a viewpoint to eliminate violence to the barest minimum. The Convention also went further to explain how States should embark on these basic principles that will tackle any form of discrimination that will significantly triggers violence against women. These principles are as follows:

a) “Through appropriate legislation prohibiting discrimination

b) Ensuring the legal protection of women's rights

c) Refraining from discrimination actions

d) Protecting women against discrimination by any person, organization or enterprise and modifying or abolishing, discriminating legislation, regulation and penal provisions” (UNHR, 2014).

The Convention on the Rights of the Child (CRC) in 1989 on Non-discrimination (Article 2) The Rights under the Convention on the rights of the child, UNICEF,2014. https://www.unicef.org/crc/index_30177.html“All human rights instruments, prohibit any discrimination, distinction, exclusion, restriction or preferences in the provision, protection and promotion of rights” (Oxfam, 2018, UNICEF, 2014, & UNHR, 2014). The Convention of the Protection of the Rights of All Migrant Workers and Members of their family (CMW) in 1979, (Article 7) of this treaties states that https://www.ohchr.org/en/professionalinterest/pages/cmw.aspx“States Parties undertake, in accordance with the international instruments concerning human rights, to respect and to ensure to all migrant workers and members of their families within their territory or subject to their jurisdiction the rights provided for in the present Convention without distinction of any kind such as to sex, race, colour, language, religion or conviction, political or other opinion, national, ethnic or social origin, nationality, age, economic position, property, marital status, birth or other status” (OHCHR, 2019). The both Conventions forbids any form of discrimination in respects to gender, sex in all ramifications. The Covenants on the Rights of Persons with Disabilities (CRPD) in 2006 also reckons with women with disabilities on the issue of discrimination and the challenges they face (UNHR, 2014). Finally, the committee against torture which oversees the Convention against Torture and other cruel, inhuman or degrading treatment or punishment (CAT) 1984 (article 1) clarifies that discrimination against women and the causes are often used to address the challenges of violence against women (Oxfam, 2018; OHCHR, 2019). This treaties or agreements further intensify the issue of women's rights internationally.

2.5.1.2 Regional Perspectives

The African (Banjul) Charter on Human and People's Rights was accepted by members of the Organization of African Unity (OAU) in 1981. The OAU is an organization that Unities all within the African region in order to foster peace, unity and progress. Article 2 states that African Charter on Human and People's Rights Adopted in Nairobi June 27, 1981 Entered into Force October 21, 1986. http://www.humanrights.se/wp-content/uploads/2012/01/African-Charter-on-Human-and-Peoples-Rights.pdf“Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.” (OAU, 1981).

Article 2, also restraints any illegality of discrimination and guarantee equal rights to women and men respectively. Article 18, sub-section 3, categorically explain the protection of women's rights very explicitly as follows: -

“The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions” (ACHPR, 1981. P3).

The Maputo Protocol was adopted by the `Assembly of the African Union' in July 2003. The document is on the The Maputo Protocol, http://maputoprotocol.com/about-the-protocol

Human Life International 2011. www.hli.org “protocol of the African Charter on Human and People's Rights on the Rights of Women in African” Maputo protocol is geared towards ensuring supports in all ramification in the elimination on any form of discrimination against women and secure the rights of women in every sphere. This protocol ensures that women's rights to health, sexuality and reproduction are encouraged and protected at all levels (HLI, 2011).

The `Protocol of Buenos Aires' was adopted in 1967 by the Organization of American State, Chapter 2, Art. 3(l) as well as the American Convention on Human Rights, San Jose, Costa Rica in 1962, Art.1 these treaties eliminate all forms of discrimination. The Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, Chapter 1, Art. 1 & 2 and Chapter 2, Art. 2-6, `Belem do Para' (1994). It has all the enabling mechanism of defending and protecting women's rights (OAS, 2019; ICHR, 1969). The European Convention on Human Rights and Fundamental Freedom as amended by protocol Nos. 11 & 14 and supplemented by Protocol Nos. 1,4,6,7,12,13 &16 (1950) Art.14 of the convention prohibit discrimination. The Council of Europe (Istanbul Convention) in 2011, its objectives principle was violence against women and domestic violence it was geared towards the protection, persecution and prevention of women rights (Jourova, 2016).

Other regional organizations championing the course of women's rights are the Economic Community of West African States (ECOWAS), South Asian Association for Regional Cooperation, Association of South-East Asian Nations and Southern African Development Community (UNHR, 2014).

2.5.2 Factor Influencing Domestic Violence Policies within the Nigerian Context

Since in Nigeria women constitute almost half of its population in the country, therefore it will be necessary to understand the parameter within which the DV policies have not yielded significantly many achievements in the entitlement of women human rights on an equal basis with men. It is necessary to understand the mitigating factors. Nigeria is not a homogeneous system in terms of cultural and religious practices, it is more of a multi-ethnic nation with over 300 different ethnic groups (Bakare, Asuquo & Agomoh, 2010). The ethnic differences affect the decision of policies according to how it suits the cultural and religious prejudices of these ethnic groups. The African system is patriarchal in nature within the cultures and traditions, which gives so much superiority of male's child over female's ones even at the small family unit of the society. The issue of culture and traditions as it relates to marriage obligate men to pay for dowries and bride prices on women, thus it has encouraged the superiority of men over women in the country today furthermore, women in the society have not being respected and honour as a result of the bride price which attached so many regards within the tradition of these cultural heritages. This has portrayed women as men's properties, giving men more leverage that women can be bought and therefore he feels to dominates her at all levels. This tradition norms and values of marriage becomes a mirage of men superiority over women in the first instance. In the Igbo culture of the South-East of Nigeria it is very difficult for a woman to acquire property for herself without the authority of her husband (Maftau, 2016). The issue of preferring a male child to a female by most ethnic groups in Nigeria gives more opportunity for male child to embark on school program, while the female child is denied the opportunity of going to school. See discussion, stats and author profiles from this publication at https://www.researchgate.net/publication/259487750 Domestic Violence and Nigerian Women: A Review of the Present state “The result is that most girls are being given less educational privilege and other opportunities as compared to boys”.

Another major setback on the issue of DV policies about the two major religions in Nigeria has not really helped the issue of women discrimination as it relates to DV. The major religion in Nigeria has not helped the situation as regards to violence against women especially in the area of streamlining with the policies of DV and upholding the rights of women. A country with 50 per cent of Islam in the North, 40 percent of Christian in the South and 18 percent of traditional practices which don't believe in the two majors religious. These religious affiliations have been an impediment to the growth and development of DV policies. The Islam region promotes `early marriage' or force marriage against the consent of the girl child (Bakare, 2010). Under the Islamic system or sharia law, for a woman to seek divorce from her marriage as a result of assaults by the husband or spouse, there must be a witness to support her case, in most instance, witnesses hardly present themselves, because of stigmatization for contributing to destroying other people's homes, however, if divorce is finally granted in whatever circumstances, she has to return the pride price `Mahr'(dowry) back to the husband families (IRBC, 2017). Islamic laws do not respect the specified age tag by the constitution of Nigeria (Odiaka, 2013).