A serious problem in Nigeria is child marriage. In this instance, their consent is hardly sought. In most part of the country, there is no legally defined minimum age of marriage. Section 18 of the Marriage Act defines a person under the age of 21 years as a minor but allows minor, to marry with parental consent. In the Eastern part of Nigeria, the marriageable age is 16 [8]. Child marriages are justified by parents on the ground that it prevents promiscuity, which a girl child is prone to at puberty. At times, the reasons are religious, economic and often times the low appreciation of the need for the girl child to go to school. The 1991 Census shows that 2% of Nigeria married women entered into marriage by the age of 10, 8% at 12, 25% married at 13-15, and 40% at the age of 15, while 64% by the age of 18. The average age of marriage for females was found to be 16.5 years. The 1999 Constitution of the Federal Republic of Nigeria has complicated the matter. The Constitution[9] deems a child, as an adult in so far that child is married. This limb of the provision further strengthens the violence against girl children contrary to Article 16 of the Convention on the Elimination of All Discrimination Against Women (CEDAW), which prohibits the betrothal, and marriage of a girl child. The effect of child marriage is gruesome and includes higher maternal mortality and greater prevalence of conditions such as Vesfico Virginal Fistula (VVF). There are recent positive developments in Nigeria on the issue, for instance, Bauchi State an area where child marriage is prevalent has enacted a law banning Child marriages. It is hoped that some other States would follow suit. Ebonyi state has done the same thing, a centre built by the 1st Lady of Ebonyi state at the federal Medical Centre in Abakaliki the state capital.

According to Badawi[16], the status which women reached during the present era was not achieved due to the kindness of men or due to natural progress. It was rather through a long struggle and sacrifice on women’s part and only when society needed her contribution and work, more especially during the two world wars, and due to the escalation of technological change .

Resistance to new laws and their implementation in developing countries is motivated by strong traditional beliefs that women should occupy a domestic environment and that men should enjoy exclusive rights to property. Modern industrialised countries have of course experienced similar attitudes at earlier stages of their development. Many countries in sub-Saharan Africa are in the process of amending laws which prevent women from owning land and property. This transition to more equal rights is most problematic in Islamic countries where elements of Sharia law governing the behaviour of women remain in place. In extreme examples, these ancient laws claim that adultery is a crime when carried out by women, and make it virtually impossible for a man to be convicted of rape.

Until recently, there was no statute law against Female Genital Mutilation (FGM). There is now in existence the Edo State Female Circumcision and Genital Mutilation (Prohibitation) Law No. 4 of 1999, Cross River State Girl-Child Marriage and Female Circumcision (Prohibition) Law 2000; Delta and River States have also passed laws to ban FGM and make it a crime.

Judicial attitudes until recently tend to perpetuate gender discrimination. For example in Nezianya v Okagbue[19] the court held that under the native law and custom of Onitsha, a widow’s possession of her deceased husband’s property is not that of a stranger, and however long it is, it is not adverse to her husband’s family and does not make her the owner, she cannot deal with his property without the consent of his family. Further, if a husband dies without a male issue, his real property descends to his family, and his female issue does not inherit it, according to custom. Also in the case of Nzekwu v Nzekwu[20], the Supreme Court of Nigeria restated the principle that the widow’s dealings over her deceased husband’s property must receive the consent of the family, and she cannot by the effluxion of time claim the property as her own. She has, however, a right to occupy the building or part of it during her lifetime, but this is subject to her good behaviour. Further, in the case of Onwuchekwa v Onwuchekwa[21] the Court of Appeal refused to reject as repugnant a custom in which a husband is said to own the wife along with her properties.

Is such a custom consistent with equity and fair play in an egalitarian society such as ours? Day after day; month after month and year after year, we hear of and read about customs, which discriminate against women in this country. They are regarded as inferior to the men. Why should it be so?

Rape is an offence, which hinges on the absence of consent of the woman. It is important to realize that the absence of consent does not have to be only in the form of the word ‘no'. It should be assumed from the context of the situation. Within a marriage, if a woman gives consent to sexual intercourse because of threat of injury to children or herself, depriving the woman of the right to stay in the house or receive maintenance, it is not valid consent. It is still rape.

The offence of marital rape has not been sufficiently accounted for in the law. The law does not punish rape within marriage if the woman is above fifteen years of age. Forced sexual intercourse is an offence only when the woman is living separately from her husband under judicial separation/custom. It must also be remembered that situations of marital rape occur within the confines of the home, and therefore there are often no witnesses to the crime.

Women who are raped by their partners are likely to suffer severe psychological consequences as well. Some of the short-term effects of marital rape include anxiety, shock, intense fear, depression, suicidal ideation, and post-traumatic stress. Long-term effects often include disordered eating, sleep problems, depression, and problems in establishing trusting relationships, and increased negative feelings about themselves. Psychological effects are likely to be long-lasting. Some marital rape survivors report flashbacks, sexual dysfunction, and emotional pain for years after the violence.

Other women experience what has been labelled as sadistic or obsessive rape; these assaults involve torture and/or perverse sexual acts and are often physically violent.

If we examine the laws in different countries, we see that most countries punish rape within and outside marriage.

Sharia law recognizes four main types of divorce. The talaq procedure can only be initiated by the husband. It allows him to repudiate the marriage by announcing out loud that he intends to divorce his wife. The khul’u procedure allows a woman to request a divorce by paying a “ransom” to her husband in order to terminate the marriage. The khul’u is settled in court. The tafriq and faskh procedures also require court intervention. Divorce is pronounced following an investigation into the truth of the wife’s accusations. Under the Penal Code of Northern Nigeria, husbands are permitted to beat their wives provided it does not rise to the level of “grievous hurt” (s. 55). Under Sharia law, the husband can withdraw maintenance if his wife refuses sexual inter- course. Under Sharia law (eg. Kano State Sharia Penal Code), a woman alleging rape must produce 4 witnesses to the rape. If the rape is not proved she can be punished for adultery with a prison sentence or flogging . Under customary law, only men have the right to own land. Sharia law does not allow women access to real property. Under customary law, a widow cannot inherit marital property. Despite intensive lobbying efforts of women’s rights organisations in Nigeria, the legislature has yet to pass into law 9 draft bills on violence against women, including bills prohibiting domestic violence, female genital mutilation, and sexual offences. Domestic violence is extremely prevalent in Nigeria. It is estimated that 20% of women are victims of domestic violence and such violence is generally condoned by society. There is no specific legislation sanctioning domestic violence and marital rape is not criminalised. It is almost impossible to obtain convictions for rape due to strict evidential requirements. In addition, women tend not to report rape for fear of shaming themselves and their family members, and aware that the authorities generally refuse to file their complaints. When complaints are filed, investigations are often abandoned.