Author(s): Mabel Izzi and Dr. Obraori NP Adiela

Abstract: The geo-political entity known as Nigeria, has a high level of cultural diversity, religious divergence and ethno-linguistic heterogeneity with over four hundred ethnic groups. The fact remains that in spite of efforts aimed at national integration and unity as well as the democratization processes, there is a staggering diversity in cultural practices across the country. The influence of Religion have not deterred communities from adhering to practices which help to maintain patriarchal control and abuse of women. A historical account of the evolution of the Nigerian legal system indicates that the courts assisted in giving legal backing to customs and traditional practices that were oppressive, exploitative and violate females thereby exposing them to gender-based violence. This paper examined judicial approach to gender-based violence in Nigeria within the context of application and relevance of customary practices in the country. It highlights the extent of intervention from the judiciary in curbing the menace. An attempt was made to analyse how the judiciary responded to customary practices and actions that accentuate gender-based violence using the instrumentation of human rights law and the Nigerian justice system. The focus included an assessment of judicial attitude and factors militating against access to justice in enforcement of laws prohibiting gender-based violence. The paper concluded by recommending amongst others, a proactive judiciary that is not tainted by cultural sentiment nor religious beliefs for Nigeria to adopt international best practices.

Pages: 30-36 | Views: 757 | Downloads: 258

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