Every March 8, Nigerian women join the rest of the world to celebrate International Women’s Day. The day is important as it reminds women of the historic journey of women around the world. It comes as a reminder that while women have achieved great things, there is still a long way to go and plenty of work to do. The theme of this year’s International women’s day is #ChooseToChallenge. It calls on women to choose to challenge and call out any gender bias and inequality. It tells them to challenge everything that holds them back in become better and to break di stereotypes, discriminations, gender inequality in order to become movers and shakers.
In the light of this slogan #ChooseToChallenge, we look at the provision of section 55 of the Penal Code vis a vis the constitutional guarantees available to women, which said Section of the Penal Code Act applicable in the northern states of Nigeria needs to be challenged if the aim of this year’s day will be achieved.
By the provisions of Section 55 of the Penal Code, husbands are permitted to chastise their wives (married under customary law), once it does not amount to a grievous hurt once it is for the correction of the wife. The said provision of the Penal code provides thus:
(1) Nothing is an offence which does not amount to the infliction of a child, pupil, grievous hurt upon a person and which is done- (d) by a husband for the purpose of correcting his wife such husband and wife being subject to any customary law in which the correction is recognized as lawful.
Thus, under the Penal Code, a husband can beat his wife insofar it does not lead to serious injuries or grievous harm. In essence, the Penal Code condones domestic violence against women. Lawful correction was not defined by the Penal Code Act.
Subsection (2) of the said section 55 provides that “No correction is justifiable which is unreasonable in kind or in degree, regard being had to the age and physical and mental condition of the person on whom it is inflicted; and no correction is justifiable in the case of a person who, by reason of tender years or otherwise, is incapable of understanding the purpose for which it is inflicted.”
Grievous hurt is defined in section 241 of the Penal Code as “(a) emasculation; (b) permanent deprivation of the sight of an eye, of the hearing of an ear or the power of speech; (c) deprivation of any member or joint; (d) destruction or permanent impairing of the powers of any member or joint; (e) permanent disfiguration of the head or face; (f) fracture or dislocation of a bone or tooth; (g) any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain or unable to follow his ordinary pursuits.”
From the above, a husband can go ahead and inflict hurt on the wife and hide under the reasonableness of the hurt/correction, as unreasonable correction was not also defined by the Act. This then gives discretion to the husband to correct/inflict hurt on the woman and he will be said to be doing right one he does not inflict grievous hurt on the wife..
What this presupposes is that a man is at liberty to chastise his wife and is given liberty to do whatever he wishes once he does not inflict the various degrees of injuries envisaged by the provisions of section 55 (2) of the Penal Code.
Section 42(1) of the Constitution of Nigeria provides that
” a citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person: -(a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject.
In USMAN v. EFCC (2017) LPELR-43196(CA) the court of appeal held as follows:
“……. By the provision of Section 34(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which provides thus: “34. – (i) Every individual is entitled to respect for the dignity of his person, and accordingly – (a) no person shall be subjected to torture or to inhuman or degrading treatment. (b) no person shall be held in slavery or servitude; and (c) no person shall be required to perform force or compulsory labour…. The terms dignity as in Section 34 1999 Constitution (as amended) is defined by the Black’s Law Dictionary 8th Edition as “The state of being noble, the state of being dignified, an elevated title or position, a person holding an elevated title, a right to hold a title of nobility, which may be hereditary or for life.”
Laws that deal with sexual discrimination which purport to address violence or laws that remain silent on the issue of violence, can actually promote or perpetuate violence against women and girls because there is little to deter perpetrators from committing crimes and there is inadequate recourse for victims hence sexual violence is disproportionately inflicted upon women and adolescent girls.
Laws that allow men to “punish” or “correct” their wives sanction violence within the law itself (as seen in section 55 of the Penal Code) and may be perpetuating or promoting intimate partner violence against women and girls.
There is an upsurge in the violation of the right to dignity of women who are under the administration of the penal code and that these occur in the cultural, legal, economic, religious, and social spheres. Despite the laws passed to curtail violations and to protect the dignity of women in Nigeria and despite Nigeria being a party to all human rights treaties that promote respect for the dignity of the human person, women’s rights violations in the country are still widespread. Adequate laws should be made to afford greater protection to women, that all obstacles to the full equality of women as citizens should be dismantled, that civil rights groups should intensify campaigns and advocacy for the protection of women’s rights, and that the local communities should be sensitized regarding the barbarity of the harmful cultural practices in their communities which affect the rights of women.
The provisions of section 55 of the Penal Code Act should be immediately expunged from our laws.
A challenged world is an alert world. Individually, we’re all responsible for our thoughts and actions all day, every day. We can all choose to challenge and call out gender bias and inequality. We can all choose to seek out and celebrate women’s achievements. Collectively, we can all help create an inclusive world.
By D. C. Duru Esq.
