Spousal Battery under the Violence against Persons (Prohibition) Act, 2015: A critical Observation for Nigerian Spouses by Hameed Ajibola Jimoh
The Violence Against Persons (Prohibition) Act, 2015-herein after referred to as VAPA- is by its Long Title ‘An Act to eliminate violence in private and public life, prohibit all forms of violence against persons and to provide maximum protection and effective remedies for victims and punishment of offenders; and for related matters’.
Under this Act, there is a provision in section 19 which provides for ‘spousal battery’. The said section provides thus ‘19.(1) 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. (2) 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. (3) A person who incites, aids, abets, or counsels another person to commit the act of violence as 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 N200,000.00 or both. (4) 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.
This paper considers the above provisions under the prevalent happenings in Nigerian societies where it has always been a reoccurrence to find a man batter his wife and or a woman batter her husband in a domestic relationship either customarily or not, so that an average Nigerian would understand the consequences of his action considering the above provisions of VAPA.
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By section 46 of VAPA, the word ‘spouse’ is defined to mean husband or wife as recognised under the Matrimonial Causes Act, Islamic and Customary Law’. And the phrase ‘spousal battery’ has been defined to mean the intentional and unlawful use of force or violence upon a person, including the unlawful touching, beating or striking of another person against his or her will with the intention of causing bodily harm to that person:’.
From the above provisions of VAPA, it is submitted that either husband and woman or both of them can be arrested for spousal battery.
The word ‘battery’ has a coinage from common law in civil tortuous act which occurs when a person intentionally inflicts bodily harm to another without his or her consent.
In civil tort, battery generally involves some forms of offensive contact that results in injury. The tort elements expanded to include contact that does not result in any physical harm.
Furthermore, there are several elements that need to be present to prove battery which are: (1) an act by the person or defendant inflicting harm; (2) there was intent to cause harm to the other individual or plaintiff; (3) harmful offensive conduct occurred as a result.
It is submitted that in proving the offence of spousal battery, the same elements are to be present just as that of the case in civil tort of battery.
In addition to the elements, and by the case of spousal battery under VAPA, it is submitted that spousal battery is a form of violence against the victim. The word ‘violence’ has been defined in section 46 of the VAPA to mean any act or attempted act, which causes or may cause any person physical, sexual, psychological, verbal, emotional or economic harm whether this occurs in private or public life, in peace time and in conflict situations:’.
Furthermore, the provisions of VAPA on spousal battery is a very encouraged development in our Nigerian laws on domestic relationship in the sense that it is a clear provision of law prohibiting violence in domestic relationship in Nigeria, whether in statutory marriage or customary marriage or Islamic marriage.
Therefore, spouses have to pay rapt attention to this provision, as henceforth, and of course, since the enactment of the VAPA, it has become forbidden and or prohibited for any husband or wife to batter the other spouse as provided by section 19 of VAPA (supra), either by intentionally forcefully touching the victim or by slapping, kicking, beating or striking with any object etc. with an intention to cause bodily harm either as a form of punishment or discipline. Whereas, the act of using gun, knife, pouring acid, breaking bottle on the victims-whether with contents or empty-, etc, is a form of aggravated spousal battery which is also punishable under the VAPA in section 19 (supra).
The words ‘intention to cause bodily harm’ is a very important and of course necessary element in proving case of ‘spousal battery’ because, an ordinary and or normal force on the person of a spouse by the other spouse without an intention to cause bodily harm even where a mistake leading to bodily harm is occasioned might not succeed in convicting the Defendant.
There are some occasions where some normal forces might be used by either spouse, without any complaint from the other spouse as such might be customary.
However, it is submitted that it will not be an excuse for any spouse to hide under any customary practice to breach the provisions of VAPA on spousal battery as such customary practice would be contrary to public policy.
Furthermore, in reference to ‘intention’ as an element in proving the offence of spousal battery, what is meant is a situation where the defendant meant to commit the act of bodily harm which can be either specific or general in nature.
It is specific in the sense that the defendant performed an act that he knew would cause injury, like punching the other spouse or as it is customarily used, inflicting ‘dirty slap or slaps’ or a heavy continuous blow on a spouse, especially where the spouse is pregnant or has just delivered a baby or who is a known person with critical health issues.
And it is general where the defendant is aware that his actions will result in something happening; the outcome itself may not have been intended. Though, as contained in section 19 of the VAPA, consent of the victim exempts the defendant from liability.
Nevertheless, it is submitted that consent or no consent, where a bodily harm has been occasioned, there should be spousal battery. How does one consider a situation where there is serious body injury on the victim?! Will consent be a defence?!
It is submitted that from the provisions of the VAPA on spousal battery, the period of domestic agony and pains for a man (husband) and a woman (wife) as a result of the battery received from his or her spouse is over.
It is surprising to hear that there are occasions where a woman (wife) beats her husband just as there are occasions where a man (husband) overpowers his wife and commit battery. So, neither of the spouse is a slave to another, as both of them have and share some rights though not equal, as a result of marriage and or non-repugnant custom, they equally have some duties to one another.
Noteworthy, it is not only such an act that is an offence rather, an attempt to commit such an act is also punishable upon conviction.
Any person who counsels or aids and or abets another to commit the act or to attempt to commit the act is also liable. And any person who conceals and or hide such act of violence in a domestic relationship shall also become an offender.
Therefore, family members, parents, and friends should take adequate care in aiding, abetting or counseling and or concealing such spousal battery. Intervening in a marriage by luring another into committing spousal battery is now prohibited with punitive measures.
So, a lawful marriage is therefore saved by the enforcement of this Act i.e. VAPA. Where such act has occurred, the offence has already been committed-strict liability. Though, as there are attempts at resolving criminal proceedings by alternative dispute resolution, especially because family relationship is involved, prosecution of such act in criminal proceeding might be rarely found, but this might not be at all times available.
However, it is very important to note that the provisions of VAPA are only applicable in the Federal Capital Territory-Abuja, in accordance with section 47 of the VAPA, except a State which has a similar provisions.
Finally, it is hoped that spouses, family members, parents, friends and the Nigerian public will find this article beneficial and live a very happy married life while avoiding the devil to intervene in such relationship leading to the commission of spousal battery.
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