Political Parties, Primaries, and the Courts

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September 2, 2025
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As the 2027 general elections get closer, this article by Festus Okoye examines the role of political parties with regard to the process of conducting primaries, from the screening of aspirants to the conduct of primaries, submission of lists of candidates to the Independent National Electoral Commission (INEC), and the role of the courts in pre-election matters that may arise therefrom, stressing that the role of the courts is limited

Introduction

Soon, the Independent National Electoral Commission (INEC) will, in accordance with constitutional and legal mandates, announce the dates for the 2027 general elections, and release the timetable and schedule of activities for the conduct of party primaries. By Section 28 of the Electoral Act, the Commission shall, not later than 360 days before the day appointed for holding of an election under the Act, publish a notice in each State of the Federation and the Federal Capital Territory stating the date of the election; and appointing the place at which nomination papers are to be delivered, and the notice shall be published in each constituency in respect of which an election is to be held.

Even before this announcement, the country is experiencing heightened political activity, exemplified by large billboards across the States of the Federation, promoting the virtues of various aspirants. The nation has seen the emergence of coalitions and subsequent coalitions. It has also witnessed mass defections from one party to another, unprecedented in Nigerian political history. Alignment and realignment of parties, have become common. Party leaders in some States have been dethroned, due to defections and repositioning. All these developments will influence the conduct of party primaries, across all political parties and formations.

It would be presumptuous to assume that existing political parties, as well as those that have applied for registration and those that will eventually be registered, will conduct seamless primaries strictly under the Constitution of the Federal Republic of Nigeria, the Electoral Act, INEC Regulations and Guidelines, INEC Timetables for primaries, party constitutions, and their guidelines. It is essential to analyse the constitutional, legal and administrative issues surrounding the conduct of party primaries, and to explore ways in which political parties can be encouraged to hold credible primaries.

Understanding the role of various organs within the party in conducting primaries, is equally important. Courts have, on several occasions, intervened to a limited extent in resolving issues related to party primaries. Reviewing what actions courts have previously taken, and what they should do to uphold party supremacy and prevent arbitrariness by party leaders is crucial.

The Screening of Aspirants

Political parties have the primary responsibility of determining who should be their candidate, in the various elections provided for under the Constitution and the Electoral Act. The screening process is provided, in their constitutions and party primary guidelines. It is their responsibility to clear aspirants with the right qualifications. The party may decide to adopt a zoning policy, for the various offices provided in the Constitution and the law. It may zone its presidential seat to a State, or geopolitical zone with a vote bank. It may zero in on a candidate who is charismatic, and can galvanise votes. Some aspirants may not like the screening process and may disagree with the party on the viability of a candidate and the politics of electability. At this point, aggrieved individuals cannot rush to the Courts to seek redress; the internal mechanisms of the party for dispute resolution must be exhausted. The party is required to act with fairness and professionalism.

Despite the voluntary nature of political parties, individuals who have made valuable contributions to the party cannot easily walk away and find a new home. There is a possibility that they will accept the verdict of the party based on fairness and equity in the decision. But when opaque decisions are taken and the basis is shrouded in secrecy, it contributes to the nomadic behaviour of the political elite, rendering political parties as simply vehicles for political power and no more.

Preparation for Party Primaries

Constitutionally, no political party can get on the ballot without conducting primaries to determine the candidate that the party should sponsor. That is the intendment of Section 65(2)(b) of the Constitution, and other corresponding provisions relating to other elective offices. They collectively provide that before a candidate can get on the ballot, the candidate must be a member of a political party and be sponsored by that party.

Ordinarily, the identification, screening of aspirants, and compilation of the names of those who will contest primary elections, as well as the conduct of primaries, ought to be the exclusive responsibility of political parties. That is the gravamen of political party formation and administration. Parties cannot continue to be spoon-fed and yet, pretend to be independent entities.

As the country proceeds to the 2027 general elections, the political parties must organise themselves and bid for political power. It is a well-known fact that sometimes conflict arises between the national and State branches of political parties, regarding who has the authority to conduct primaries for Governorship, National, and State Assembly elections. Occasionally, senior party members at the national level may disagree with grassroots members, over who can screen aspirants and oversee primaries. For some, in the power struggle, political parties are linked to financiers or party owners, and must bow to their influence. Sometimes, senior figures prefer to appoint aspirants rather than hold a transparent and accountable primary. Occasionally, the party informs the electoral management body of the venue for primaries and then unilaterally changes it, leaving party members stranded and confused.

Due to the challenges faced by nearly all political parties in conducting primaries, the National Assembly amended the Constitution to grant itself the power to make additional provisions regulating party primaries. Under Section 228 of the Constitution, the National Assembly may, by law, issue – (a) guidelines and rules to promote internal democracy within political parties, including laws for conducting party primaries, congresses, and conventions; and (b) confer powers on the Independent National Electoral Commission deemed necessary or desirable to enable the Commission to ensure that political parties uphold practices of internal democracy, including the fair and transparent conduct of primaries, congresses, and conventions; (c) provide an annual grant to the Commission for disbursement to political parties on a fair and equitable basis to support their functions; and (d) grant the Commission other powers it considers necessary or desirable to ensure political parties adhere to the provisions outlined in Section 228 of the Constitution.

The Conduct of Party Primaries

Given our unique political circumstances, political parties cannot hold or proceed with party primaries without notifying the Independent National Electoral Commission. According to Section 82(1) of the Act, every registered political party must give the Commission at least 21 days’ notice of any convention, congress, conference, or meeting organised for a “merger” and for electing members of its executive committees, other governing bodies, or for nominating candidates for any elective offices. Nevertheless, the Commission may, with or without prior notice to the political party, attend and observe any convention, congress, conference, or meeting convened by a political party to nominate candidates for an election at any level.

By Section 84(1) of the Act, a political party wishing to nominate candidates for elections must hold primaries for aspirants to all elective positions. The process for nominating candidates by political parties for various elective positions shall be through direct primaries, indirect primaries, or consensus. In the case of direct primaries, all registered members of the party shall vote for aspirants of their choice at a designated centre in each ward of the Federation, thereafter a special conventions or congresses shall be held to ratify the candidate with the highest number of votes at designated centres at the National, State, Senatorial, Federal, and State Constituencies.

For indirect primaries, the political party shall conduct its convention as outlined in the Act, and the aspirant with the highest number of votes cast at the end of voting shall be declared the winner, with the aspirant’s name forwarded to the Commission as the party’s candidate.

A political party that adopts a consensus candidate shall obtain the written consent of all cleared aspirants for the position, indicating their voluntary withdrawal from the race and their endorsement of the consensus candidate. A political party that is unable to secure the written consent of all cleared aspirants for a consensus candidate, shall revert to choosing between direct or indirect primaries for nominating candidates. A special convention or nomination congress shall be organised to ratify the choice of consensus candidates at designated centres at the National, State, Senatorial, Federal, and State Constituencies, as applicable.

The Submission of the List of Candidates

A political party is not under any compulsion to organise primaries, and submit a list of candidates to the electoral management body. It is a discretionary venture. A political party may decide to participate in a cluster of elections and abandon others. This discretion is circumscribed by Section 225(a) of the Constitution dealing with the de-registration of parties that fail to meet the threshold for existence. Political parties cannot manufacture any list and submit it to the Commission. Political parties must also conduct primaries before submitting a list of candidates to the Commission. The primaries must also be organised by the constitutionally and legally recognised organ of the party. And, by Section 29(1) of the Act, the list of candidates the party proposes to sponsor at the elections must have emerged from valid primaries conducted by the political party.

Party Primaries and Pre-Election Matters

Ordinarily, the Courts should have no involvement in the conduct of primaries by political parties. Members of the Judiciary do not belong to political parties, and political parties are meant to be groups of individuals who share a common ideology or set of principles, coalesced together under a common platform to seek political power. How they organise their primaries should be regarded as their internal affair, based on their strategies, structures, and tactics for winning elections. If they organise effectively and present good candidates, the Nigerian people may choose to vote for them.

In our context, possessing a good certificate does not necessarily guarantee a place on the ballot. A political party might target specific voters, and support aspirants from that area for particular positions. They may back the aspirant preferred by the ‘owners’, or ‘big money bags’ within the party. Alternatively, they might support a grassroots candidate who can secure a win, or one capable of unleashing maximum violence on the electoral process and winning by any means necessary. Regardless of the strategy adopted, the party must conduct primaries—be they direct, indirect, or by consensus. These primaries should be carried out by the responsible party organ, and the names of the validly nominated aspirants must be submitted as the party’s candidates.

The Courts and Party Primaries

Where do Courts fit in, when issues arise around the conduct of party primaries? Section 285(14) of the Constitution categorises the conduct of primaries and the submission of names of validly nominated candidates as a pre-election matter. “Pre-election matter” refers to any suit by— (a) an aspirant who claims that any provision of the Electoral Act or any Act of the National Assembly regulating the conduct of primaries of political parties, as well as the party’s guidelines for primaries, has not been adhered to by a political party concerning the selection or nomination of candidates for an election; (b) an aspirant contesting the actions, decisions, or activities of the Independent National Electoral Commission (INEC) concerning their participation in an election, or alleging non-compliance with the provisions of the Electoral Act or any other relevant law by INEC in the nomination or candidate selection process; and (c) a political party challenging the actions, decisions, or activities of INEC disqualifying its candidate, or alleging non-compliance with electoral laws with candidate nominations, election timetable, voter registration, or other electoral activities leading up to an election.

The Courts have consistently clarified that political parties are voluntary associations of individuals who share the same fundamental ideology, or who pretend to share it, and have agreed to come together to pursue the goal of political power. As voluntary organisations, the Courts are neither empowered, nor have the authority (vires) to impose leaders on them or decide who their candidates in an election will be. It is the responsibility of the parties and their leaders to develop their winning strategies, and promote their vision of society to the voters.

Unfortunately, some political parties in Nigeria defy a clear definition; they do not behave like traditional political parties, and cannot be classified as such. Their only claim to being parties, is that they satisfied the constitutional and electoral thresholds for registration and candidate sponsorship.

Despite their shortcomings, the Courts have a limited role in the conduct of party primaries, and in determining who the party’s candidate should be. However, political parties must notify the electoral management body in advance of their primaries, and these primaries should be conducted by the recognised party organ responsible for that task. The primaries must take place within the constituencies and must be completed within the legal and electoral timeframe. Only party members as defined in the party’s constitution and the Electoral Act are eligible to contest and participate in the primaries, and the party is obliged to submit the name of the primary winner as the official candidate for election. It is the responsibility of the party to resolve internal disputes arising from the screening process and the conduct of primaries. The Courts can only step in in limited circumstances.

As illustrated in the case of Ambassador M. J. Abubakar Waziri v Peoples Democratic Party & Anor (2023) 7 NWLR (Pt. 1882) 57 at 97 and 105, the fundamental legal principle is that resolving internal disputes within a political party is solely a domestic matter; courts have no jurisdiction to intervene. The Supreme Court has emphasised that membership of a political party is voluntary and cannot be forced. It has also maintained that courts have no authority to decide who a party’s candidate should be, as long as the candidate is chosen through the proper process.

In P.D.P v Sylva [2012] 13 NWLR [Pt. 1316] 85, the Supreme Court reaffirmed that the sponsorship and nomination of candidates remain internal to the party. It held that the right to nominate or sponsor a candidate is a domestic and political matter, within the sole discretion of the party. A party member has no legal right to be nominated or sponsored by the party. Therefore, courts lack the jurisdiction to determine who a party should sponsor. However, Courts have the power to review whether the primary was conducted according to the party’s constitution and guidelines on a proper application by a candidate who participated and is dissatisfied with the proceedings. This is because courts will not tolerate arbitrary actions by political parties.

Conclusion

Political parties preparing for primaries and scheduling their elections must be properly guided to follow the party’s constitution, the guidelines for the conduct of primaries, and the stipulations of the Constitution and the Electoral Act. Acting arbitrarily and imposing candidates who did not go through valid primaries, can only lead to ‘wasted votes’.

Those who aspire to various offices, must accept that the party is supreme. The party decides who can win elections, during the screening process. Those who are uncomfortable with how a party is run, must recognise that it is a voluntary association and no one is compelled to belong to such a party. Any individual seeking a party operated on ideological grounds, with clear mechanisms of internal democracy, must find such a party and assist in building its structures. Those who benefit from the arbitrariness of godfathers in manipulating the screening and nomination process must also realise that godfathering is not an ideology, and the godfather may decide at any time to have another godson or goddaughter.

We must protect our courts from excessive involvement in the internal afwfairs of political parties, and members of the Bar must offer professional and ethical advice to their clients on the law and the Constitution.

Festus Okoye, Legal Practitioner, Former National Commissioner, INEC

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Osun Monarch Jailed in U.S. Over $4.2m Covid-19 Loan Fraud

The Apetu of Ipetumodu in Osun State, Oba Joseph Oloyede, has been sentenced to more than four years in prison in the United States, over a multi-million-dollar Covid-19 loan fraud.

Oloyede, 62, who holds dual Nigerian and U.S. citizenship and resides in Medina, Ohio, was on Monday, August 26, 2025, handed a 56-month prison term by U.S. District Judge Christopher A. Boyko.

According to a statement by the U.S. Attorney’s Office for the Northern District of Ohio, the traditional ruler was also ordered to serve three years of supervised release after completing his jail term, and to pay $4,408,543.38 in restitution. In addition, he forfeited his Medina home on Foote Road, which investigators said was acquired with fraud proceeds, as well as an extra $96,006.89 recovered from the scheme.

Prosecutors said Oloyede led a conspiracy to exploit Covid-19 emergency loan programmes set up by the U.S. Government, to support struggling businesses during the pandemic. Between April 2020 and February 2022, Oloyede and his accomplice, Edward Oluwasanmi, submitted fraudulent applications for loans under the Small Business Administration (SBA) scheme funded by the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

In April, both men pleaded guilty to wire fraud and tax fraud in connection with the pandemic relief scam, which siphoned more than $4.2 million in Federal stimulus funds.

Court records showed that Oloyede, who also worked as a tax preparer, operated five businesses and one nonprofit, while Oluwasanmi ran three entities. Together, they filed loan applications using falsified information and secured about $1.2 million for Oluwasanmi’s companies and $1.7 million for Oloyede’s businesses.

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The Apetu of Ipetumodu in Osun State, Oba Joseph Oloyede, has been sentenced to more than four years in prison in the United States, over a multi-million-dollar Covid-19 loan fraud.
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Indecent Assault: Rising Scourge Against Female Dignity

Nigerian women have always been vulnerable, to domestic and workplace violence. But, sadly, there is an apparent increase in the number of incidents and reports of public indecent assault on Nigerian women. Some of these incidents involved young women who were video recorded while being humiliated, assaulted and beaten, mostly by men. Their clothes were then torn, their private areas exposed, and the video recordings of the unfortunate incidents disseminated, going viral on social media. These days, this appears to be occurring once too often. The question now being asked is, why women are being deliberately targeted for violent attacks resulting in nakedness, amounting to a breach of Section 34(1)(a) of the 1999 Constitution which guarantees the right of every individual against torture or inhuman and degrading treatment. Professor Joy Ngozi Ezeilo, SAN; Mandy Demechi-Asagba; Uju Peace Okeke and Okechukwu Nwanguma examine this issue holistically, discussing its causes and effects, proffering possible solutions to end this disgraceful trend, including enacting laws specifically criminalising such unacceptable behaviour

We Demand Dignity for Women

Professor Joy Ngozi Ezeilo, SAN

Introduction

Why do some men, especially those tasked with protecting us, choose to target women and violate their dignity?

The viral video of the female Youth Corper in Anambra State, Jennifer Elohor Edema, is a stark call for accountability: those responsible must be held to account. Who filmed this outrage, and who spread it? The answer, disturbingly, points to the security personnel themselves. This demands urgent action.

Every woman deserves respect for her dignity, her privacy, and her bodily autonomy. Let us stand up for women’s sanctuary, because justice means protecting everyone’s humanity. We demand safe cities for women. The current state of impunity, must come to an end.

Professor Ngozi Ezeilo, SAN, former Dean, University of Nigeria; former United Nations Special Rapporteur on Human Trafficking

The Growing Trend of Wilful Physical Assault/ Indecent Exposure of Females in Nigeria: A Discourse

Mandy Demechi-Asagba

Introduction

Violence Against Women in Nigeria: A Prevalent Issue

In Nigeria, a significant proportion of women have experienced various forms of violence, with approximately one-third encountering violence and one-fifth suffering physical violence. Recent studies (2020-2025), highlight a disturbing trend of high sexual assault rates. Notably, a 2022 study in Dutse found that 88.3% of 283 reported cases were confirmed sexual assaults, primarily affecting children and adolescents.

Statistics from Lagos State

A recent report from Lagos State reveals 8,692 cases of domestic and sexual violence were reported between August 2024 and July 2025. Breakdown:

* Domestic Violence: 3,685 cases

* Defilement: 243 cases

* Child Abuse/Physical Assault: 244 cases

* Rape: 99 cases

* Sexual Harassment: 48 cases

* Sexual Assault by Penetration: 25 cases

The extant cases of wilful and intentional Criminal Exposure/assault with intent to humiliate and shame the victims (Comfort Emmanson, the Ibom Airline case and Jennifer Elohor Edema, the Youth Corper in Anambra) leaves one in consternation not knowing who the next victim will be. These statistics which reveal the recent surge in cases of criminal assault/exposure on females in Nigeria, underscores the need for sustained efforts to address violence against women and girls in Nigeria.

This disturbing trend, has reached an intolerable crescendo that warrants urgent attention and collective action. The brutal treatment of Miss Jennifer Elohor in Anambra State, who was beaten, her clothes torn, and dragged naked, is a stark reminder of the vulnerability of women and girls in our society. Similarly, the Comfort Emmanson case in Ibom Air, highlights the need for a national discourse on this issue. This discourse aims to examine the underlying causes of this trend, its impact on victims, and propose strategies to prevent and address these inhumane and degrading treatments. It is a violation of right to human dignity and also a criminal act – (criminal assault/exposure, dehumanisation, grievous harm et al).

What is Assault?

Section 170 (1): A person who

(a)strikes, touches, moves or otherwise applies force of any kind to the person of another, either directly or indirectly, without his/her consent; or

(b) by any bodily act, gesture, attempts or threatens to apply force of any kind to the person of another without his/her consent, in such circumstances that the person making the attempt or threatens has actual or apparent ability to effect his purpose is said to assault that other person.

(2) the term ‘applies force’ includes …,,,….the case of applying heat, light, electrical force, gas, odour or any other substance or thing whatsoever in such a degree as to cause injury or personal discomfort.

Unlawful Assault

Section 171 (1): An assault is unlawful and constitutes an offence unless it is authorised or excused by law.

It is an offence therefore, for any person or group of persons or authority, to intentionally or recklessly assault someone, be it Ibom Air, and or Vigilantes causing actual bodily harm and/ or emotional harm or stigma. Same is punishable upon conviction with 1- 7 years imprisonment or more, depending on the gravity of the harm occasioned.

See Sections 170, 171(1), 172, 173 and 245 of the Criminal Law of Lagos State 2015.

Section 173: Any person who unlawfully assaults another and thereby does him harm commits a felony and is liable on conviction to imprisonment for three (3) years.

Section 245: Any person who unlawfully does grievous harm to another commits a felony and is liable on conviction to imprisonment for seven (7) years.

The offence of indecent exposure is provided in Section 26 of the VAPP Act: a person who intentionally exposes his or her genital organs or a substantial part thereof, with the intention of causing distress to the other party, or that another person seeing it may be tempted or induced to commit an offence under this Act, commits an offence termed ‘indecent exposure’ and is liable on conviction to imprisonment of not more than one year, or to a fine of not more than N500,000.00 or both. These Laws need urgent amendment, to be all encompassing: We propose:

Proposed Amendments

It is an offence to intentionally or recklessly assault someone causing actual bodily harm and or bodily exposure. Punishable on conviction with not less than 10 years imprisonment depending on the gravity of the injury and or exposure occasioned.

“A person who intentionally exposes his or her genital organs and or exposes the genital organs or any private organ/organs or a substantial part thereof of another, with the intention of causing distress to the other party, or that another person seeing it may be tempted or induced to commit an offence or to shame the victim under this Act, commits an offence termed ‘indecent exposure’ and is liable on conviction to imprisonment not more than 10 years or to a fine not less than N10,000.000.00 or both”, to serve as a deterrent.

Causes of Indecent Criminal Assault on Females

1. Patriarchal attitudes and gender stereotypes: Deep-seated patriarchal norms and stereotypes perpetuate violence against women and girls, normalising their subordination and objectification.

2. Lack of effective law enforcement: Inadequate implementation of laws and policies protecting women’s rights, emboldens perpetrators.

3. Cultural and social norms: Harmful cultural practices and social norms condone violence against women, making it difficult for victims to seek help.

4. Limited access to justice: Victims often face barriers in accessing justice, including lack of awareness, fear of stigma, and inadequate support systems.

5. Poverty: Economic instability exacerbates vulnerability to violence.

6. Failure to report abuse: This is a licence for continuous abuse and a snag on adequate data to aid policy formulations and planning.

6. Insecurity: Weak security structures fail to protect women and girls.

7. Weak Institutions: Inadequate law enforcement and policy implementation, hinder effective response to violence.

8. Gaps in Policy Enforcement: Insufficient enforcement of laws and policies protecting women’s rights, overwhelms reporting agencies like NAPTIP.

Impact on Victims

1. Physical and emotional trauma: Victims suffer physical harm, emotional distress, and long-term psychological trauma.

2. Loss of dignity and self-worth: Indecent assault can lead to feelings of shame, guilt, and low self-esteem.

3. Social stigma and isolation: Victims may face social exclusion, stigma, and isolation, exacerbating their trauma.

4. Suicidal thoughts and suicide.

Strategies to Prevent and Address Indecent Assault

1. Strengthening laws and policies: Review and strengthen laws protecting women’s rights, ensuring effective implementation and enforcement.

2. Public awareness and education: Launch nationwide campaigns to challenge patriarchal attitudes, promote gender equality, and raise awareness about the consequences of criminal indecent assault/exposure.

3. Support systems and services: Establish accessible support services, including counselling, medical care, and legal aid, for victims of indecent assault.

4. Community engagement and mobilisation: Engage community leaders, traditional institutions, and civil society organisations in promoting women’s rights and preventing violence against women.

5. Accountability and justice: Ensure perpetrators are held accountable through swift and fair investigations, prosecutions, and punishment.

6. Victim support, protection and one-stop shop welfare access: Mental health and health services.

7. Unfettered access to justice.

8. Need to focus on ensuring implementation of laws protecting women – The Constitution of the Federal Republic of Nigeria 1999 (As Amended); The Violence Against Persons Prohibition (VAPP) Act 2015; Domestic and Sexual Violence Law; the Child’s Rights Act/ Laws; the Criminal Law, National Gender Policy, National Action Plan on United Nations Security Council Resolution (UNSCR) 1325; National Guidelines and Referral Standards on Gender Based Violence and the various Continental and international laws and Conventions, such as the African Charter on Human and People’s Rights Banj 1981; The Maputo Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa 2005; African Charter on the Rights and Welfare of the African Child (1990); and The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) 1979 (popularly known as the International Bill of Rights); UN Declaration on Violence Against Women 1993; The Child’s Rights Convention,

et al.

9. Compensation and welfare package for victims of assault.

10. The Human Rights Commission and the Citizens Rights Directorates in the various States and the FCT, should rise to the occasion. We also call for adequate funding of these agencies for prompt, efficient and effective intervention

Conclusion

The growing trend of indecent assault on females in Nigeria, is a national crisis that requires a collective response. By understanding the causes, impact, and implementing strategies to prevent and address these, we can work towards creating a society where women and girls are valued, respected, and protected. It is time for Nigerians to come together to condemn these inhumane acts, and work towards a future where every female can live with dignity and safety.

A Call to Empathy and Action

Every woman should feel a deep sense of solidarity and outrage, each time a woman is subjected to the dehumanising experience of indecent assault. This heinous act is not just a violation of the individual; it is an affront to the dignity and worth of all women. For the men, be reminded that what goes around comes around. Yesterday, it was Comfort Emmanson, today it is Jennifer Elohor Edema, tomorrow it could be your daughter, sister, wife or mother. Take action now, before it is too late.

We Must Stand Together

When one woman is stripped of her dignity, we all lose a piece of our collective humanity. It’s time for us to stand together, united in our condemnation of these inhumane acts, and demand justice, protection, and respect for all women.

We must foster a culture where women feel empowered to speak out against violence and harassment, and where survivors receive the support and care they need to heal. By doing so, we can create a society that values and respects the dignity and worth of every woman.

AWLA, FIDA, NBA, National Human Rights Commission, Legal Aid Council, Directorate of Citizen’s Rights, Domestic and Sexual Violence Agency, Child Protection Network, Ministry of Youth and Social Development, Ministry of Women Affairs et al, offer free legal services to women and children whose rights are violated.

Mandy Demechi-Asagba, President (Worldwide), African Women Lawyers Association (AWLA)

Ending the Menace of Indecent Assault Against Women

Uju Peace Okeke

Introduction

Human beings are relational in nature and sometimes in these relationships, violence occurs. It can affect everyone and according to World Health Organisation (WHO), contributes nearly 8% to global annual deaths, making it a form of crime in many parts of the world. Though everyone can be a victim of violence, women are more predisposed to it. WHO reports that globally, about 30% of women suffer various forms of violence from intimate partners and non-partners, while United Nations reports that a woman is killed every 10 minutes. In condemnation of violence against women, United Nations Declaration on the Elimination of Violence against Women, (UNDEVAW) of 1993 was adopted.

Violence Against Women (VAW)

Nigeria may not be said to be a haven for women’s rights, as there are still practices that specifically target women and impact them negatively. These are mostly perpetrated, in the guise of customs and traditions. However, Nigeria could be said to be a work in progress, having ratified International Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1985, UNDEVAW in 1993 and Protocol to the African Charter on Rights of Women in Africa (Maputo Protocol) in 2004. While CEDAW is referred to as Women’s Bill of Rights, as it prohibits all forms of discrimination against women in every sphere of life and calls on State Parties to revise social and cultural patterns driving prejudices and superiority of any sex. UNDEVAW, defined violence against women (VAW), condemned it and specifies obligations of States in its eradication, thus, changing the narratives of VAW as domestic affair to a prohibited act deserving State attention. Maputo Protocol, wearing the African Women lenses, specifically highlights issues that are not envisaged in CEDAW while furthering the UNDEVAW. It dedicates articles prohibiting different forms of VAW, which it defined as

“all acts perpetrated against women which cause or could cause them physical, sexual, psychological, and economic harm, including the threat to take such acts; or to undertake the imposition of arbitrary restrictions on or deprivation of fundamental freedoms in private or public life in peace time and during situations of armed conflicts or of war”;

Violence against Persons (Prohibition) Act (VAPPA) and VAW

The combined provisions of these treaties cover every form of violence, that a Nigerian woman would ever face. Nigeria enacted the Violence against Persons Prohibition Act (VAPPA) in 2015. Though the VAPPA is not women-specific, but bars every form of violence against everyone, it adopts Maputo Protocol’s definition and outlaws physical violence, economic violence, emotional violence, domestic violence, Harmful Traditional Practices, sexual violence and political violence. It penalises offences inflicting of physical injury, knowingly placing a person in fear of physical injury, stalking, substance attack, indecent exposure, among others.

Recently, VAW seems to be on the increase, as the media inundates us with such news. VAW is totally despicable, but the recent tactics of stripping the victim naked is abominable. Recently, Ms Comfort Emmanson, a passenger on Ibom Air had her breasts exposed to the whole world, during an altercation with the cabin crew. Another lady, Jennifer Elohor Edema was stripped naked by the Anambra State Vigilantes. Both acts constitute different forms of violence – physical, sexual, emotional, and economic, as well as cyber-violence. Physical violence is an act of physical aggression towards a woman or a girl, whether extreme or insignificant. VAPPA defines physical violence to include assault, harassment, etc. Circulated videos of the two incidents, showed physical assault on the ladies. They were both placed in fear of physical injury, while Jennifer suffered serious physical injury.

Sexual violence is the violation of a woman’s sexual integrity, and could be in the form of sexual assault of unlawful touching, striking, sexual harassment of unwanted persistent conduct of a sexual nature whether physical or verbal. From the circulated videos, Jennifer seemed to have been struck in different parts of her body, including her breasts and other parts, which amounted to unwanted sexual harassment. The videos could also affect them maritally, and since marriage is the official platform for the exercise of sexual rights in this part of the world, that act constitutes sexual violence.

Emotional violence is a pattern of humiliating conduct towards a woman or girl. It is a manifestation of power imbalance, wherein the perpetrator uses it to maintain control over the victim. In both cases, the exposure of their bodies was a way of ridiculing and insulting the ladies.

Economic violence, is the deprivation of economic resources. That act is capable of depriving them of means of livelihood. For instance, Comfort said in a video that she has been too ashamed to go about her business of real estate. Where they have no means of earning livelihood, they will be forced to be economically dependent on others.

Technological advancement saw videos of both incidents being spread on social media, constituting cyber-violence.

Treaty Ratification

Ratification of a treaty imposes on ratifying States, three obligations – duty to respect, duty to protect and duty to fulfil. With respect to the issue at hand, the duty to respect entails that Nigeria should, through actions and inactions, desist from interfering with women’s enjoyment of violence-free life provided in these treaties. It follows that State actors, agents and representatives of Government should not be caught in any act of violence against women. Jennifer Elohor was assaulted by agents of the Anambra State Government, and by the doctrine of vicarious liability, the act was done by the Government. It follows that, Government failed in its duty to respect. The duty to protect means that Nigeria should protect her female citizens, whether individually or in groups, from third parties who will interfere with their enjoyment of rights provided in these treaties by subjecting them to any form of violence. It does not matter, whether these third parties are private or public. These third parties are non-State actors and could be religious groups, business, cultural groups, schools and even families. It is the duty of Nigeria, to protect Comfort from the assault by staff of the airline.

The duty to fulfil is to the effect that, Nigeria must take a positive step in ensuring the enjoyment of these rights by Nigerian women and girls. In other words, Nigeria is expected to put its money where its mouth is, by taking some steps with regard to this issue. This step could be legislative, financial, among other measures. This will include enacting laws that will protect women and girls, as well as repealing existing ones that violate their rights; adopting female-friendly policies in different areas of life; eliminating cultural and social practices that negate these rights; increasing budgetary allocation for matters concerning women and girls; and establishing special courts to handle violation of their rights where necessary.

Constitution of the Federal Republic of Nigeria 1999 (as amended) (CFRN) and Gender Lenses

The essence of ratification of treaties is to replicate them in domestic laws so that citizens of States Parties to the treaties would enjoy the benefits; consequently, Nigeria is expected to domesticate these treaties by enacting domestic laws that reflect the provisions of CEDAW, UNDEVAW and Maputo Protocol. This could be in the form of a Women’s Act. Nigeria has no specific holistic law for women and girls, but has different laws dealing with issues of everyone including females. The question is, whether this is sufficient. The answer must be in the negative, because women have peculiar issues which can only be addressed when law makers wear gender lenses. Gender blindness in legislation, will always shortchange women. An instance is Section 42 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) (CFRN) which is the nondiscrimination section, prohibiting discrimination on six grounds of ‘particular community, ethnic group, place of origin, sex, religion or political opinion’. Though this section prohibits discrimination on the ground of sex which would imply discrimination on the basis of biological sex of male and female, yet the same section provides ‘(1) 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…’ (Underlining mine for emphasis). The use of ‘he’ makes this same section discriminatory because, though it prohibits discrimination on the ground of sex, ‘he’ is a pronoun that covers only males, thus, neglecting females. If the nondiscriminatory section is discriminatory against women, it will not be surprising to find more specific women-discriminatory provisions in the CFRN. If the CFRN, being supreme, binding on all authorities and persons and the foundation of all laws and policies in the land is discriminatory against women, what can be said of other laws? The Bible in Psalm 11: 3 says ‘If the foundations be destroyed, what can the righteous do?’ in this instance, if the foundational document is discriminatory against women, what can Nigerian women do?

Other Laws and Gender Lenses

The VAPPA earlier discussed prohibits violence against everyone. It prohibits indecent exposure in Section 26. This is explained in the definition section to mean, ‘intentional exposure of the genital organs… with the intention of causing distress to the other party’. The videos of two incidents earlier discussed, where Nigerian ladies were assaulted, and their breasts revealed. While breasts are not primary genital organs, they are accessory organs of the female reproductive system, serving functional and sexual purposes in females. The videos distressed reasonable Nigerians. Being that VAPPA is gender blind, it penalises one that exposes her/his genitalia but not the person(s) who exposes the genitalia of another, as shown in the foregoing examples, this provision shortchanged these women whose breasts were exposed, thereby re-victimising them.

Further, the Criminal Code Act (CCA) in Section 353 describes the unlawful and indecent assault of a male person as a felony attracting 3 years’ imprisonment, while a similar offence on a woman or girl is a misdemeanour (a lesser offence) attracting only 2 years’ imprisonment. The distinction in severity of punishment seems to be based on the sex of the victims, implying that the provision protects male victims of indent assault better than female victims, despite the fact that researches have shown that most victims of indecent sexual assault are women.

Conclusion

The ripple effect of the discrimination fuelled by the evident female-based discrimination of Section 42 of the CFRN is visible in VAPPA, CCA and other laws and policies. It also manifests in victim blaming, inadequate responses from criminal justice institutions, as well as cultural and religious practices that normalise violence against women. It follows that if the CFRN had worn gender lenses, by removing the gender discriminatory language, other laws and practices would have followed suit and the discriminatory CCA provision on indecent assault against females would have been long amended. The gendering of VAPPA, would also have protected women and girls better.

Generally, violence against women is insidious making its prevention and eradication difficult, but the current trend of stripping female victims of violence is seriously begging for immediate, urgent attention, as it violates constitutionally guaranteed right to the dignity of human person which ordinarily means right to be treated like a human being. It also exposes the failure of the Nigerian Government to perform its treaty ratification obligations to CEDAW, UNDEVAW and Maputo Protocol of respect, protect and fulfil.

Uju Peace Okeke, Lecturer, Women, Children and the Law at the Faculty of Law, University of Nigeria, Enugu Campus

Confronting the Growing Trend of Indecent Assault on Women in Nigeria

Okechukwu Nwanguma

In recent years, Nigeria has witnessed an alarming rise in cases of indecent assault and public humiliation of women under the guise of enforcing discipline, punishing alleged misconduct, or delivering instant “justice”. Women are being beaten, stripped naked, paraded in public, and filmed for social media circulation. This dangerous phenomenon not only violates fundamental human rights, but also entrenches misogyny, deepens gender inequality, and undermines the dignity of Nigerian women.

Questions for National Debate

1. Why are women disproportionately targeted, for such degrading treatment?

2. How do we dismantle the culture of impunity, that emboldens both State actors and mobs?

3. Should Nigeria establish a special tribunal or task force to prosecute gender-based public humiliations?

4. What role can civil society, religious leaders, and traditional institutions play in shifting harmful cultural norms?

5. How can the media be mobilised to protect, rather than shame, victims?

Disturbing Case Studies

The ordeal of Miss Jennifer Elohor Edema, a Youth Corps member in Anambra State, illustrates the depth of this crisis. She was brutally beaten, her clothes torn, and dragged naked in public by operatives of Agunechemba, the State-backed security outfit. This barbaric act – committed against a young woman serving her country – is both a crime and an assault on Nigeria’s collective conscience.

Similarly, the Ibom Air incident involving Miss Comfort Emmanson, highlights how easily women can be humiliated and assaulted in public spaces for flimsy reasons. In both cases, women were not treated as citizens deserving of dignity and due process, but as objects to be subdued and shamed.

Tragically, such incidents are not isolated. Across Nigeria, countless unnamed women – accused of petty theft, quarrels, or perceived “misconduct” – have been stripped, flogged, and paraded before jeering crowds.

Why does this Happen?

Several factors sustain this disturbing trend:

1. Culture of Impunity – Perpetrators, whether security agents, vigilante groups, or mobs, rarely face consequences. This emboldens repetition.

2. Patriarchal Norms – Deep-seated cultural attitudes normalise violence against women, and justify public humiliation as “discipline”.

3. Unregulated Security Outfits – State-backed vigilantes often operate without training, oversight, or codes of conduct, descending into lawlessness.

4. Mob Justice Mentality – Communities normalise public humiliation, as a substitute for lawful justice.

5. Spectacle and Social Media – Recording and online circulation of women’s humiliation fuels further assaults, turning abuse into entertainment.

6. Weak State Institutions – A slow and indifferent justice system leaves victims without redress, perpetuating cycles of abuse.

The Legal Framework

Indecent assault and public humiliation of women are not only morally reprehensible, but explicitly unlawful under

Nigerian and international law:

1999 Constitution (as amended) – Section 34 guarantees the right to dignity and prohibits torture, inhuman, or degrading treatment.

Violence Against Persons (Prohibition) Act, 2015 (VAPP Act) – Criminalises all forms of violence, including sexual harassment, harmful traditional practices, and degrading treatment.

Criminal and Penal Codes – Prohibit assault, battery, and acts that cause harm or indecency.

CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) and the African Charter on Human and Peoples’ Rights – Ratified by Nigeria, obligating the state to protect women from degrading treatment.

ACJA/ACJL – Provide frameworks for due process and lawful investigation, rejecting mob or vigilante “justice.”

Yet, enforcement remains weak, and perpetrators frequently escape justice.

The Human Cost

The consequences are devastating:

– Psychological trauma that can last a lifetime.

– Stigma and social ostracism, where victims are shamed instead of protected.

– Erosion of trust in State institutions, especially when perpetrators wear State uniforms.

– Perpetuation of inequality, silencing women, and reinforcing vulnerability.

What Should Be the State’s Response?

Nigeria must act decisively to halt this dangerous trend:

1. Legal Prohibition – Explicitly criminalise public stripping, parading, or indecent assault under Federal and State laws.

2. Accountability – Investigate and prosecute perpetrators, including security operatives and vigilantes.

3. Oversight of Security Outfits – Regulate, train, and monitor community security groups, in line with human rights standards.

4. Public Sensitisation – Launch national campaigns to dismantle patriarchal narratives that normalise the humiliation of women.

5. Support for Survivors – Provide legal aid, psychosocial support, and compensation for victims.

6. Institutional Strengthening – Empower the National Human Rights Commission (NHRC), NAPTIP, and gender agencies to act swiftly in cases of abuse.

A Call to Action

The indecent assault and humiliation of women is not just a women’s issue – it is a national disgrace and a human rights emergency. It undermines the rule of law, weakens social cohesion, and perpetuates inequality.

Nigeria cannot claim to be a democracy, while its women are stripped of dignity in broad daylight. The cases of Miss Jennifer in Anambra and Miss Comfort on Ibom Air, must mark a turning point. They should galvanise us into creating a Nigeria where dignity is non-negotiable, and no woman is ever again dragged naked in the streets as punishment.

The time has come for all stakeholders – Government, civil society, religious leaders, traditional rulers, and communities

Okechukwu Nwanguma, Executive Director, Rule of Law and Accountability Advocacy Centre (RULAAC)

The post Indecent Assault: Rising Scourge Against Female Dignity appeared first on THISDAYLIVE.

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