An Evaluation of the Legal Framework for Redressing Sexual Violence in the Boko Haram Insurgency in Nigeria: Challenges and the Way Forward

• Jurisdiction: South Africa
• Published date: 21 June 2021
• Date: 21 June 2021
• Author: Nwotite, A.
• DOI: https://doi.org/10.47348/SLR/v32/i1a8
• Pages: 169-182
• Citation: (2021) 32 Stell LR 169

169

https://doi.org/10.47348/SLR/v32/i1a8

AN EVALUATION OF THE LEGAL FRAMEWORK

FOR REDRESSING SEXUAL VIOLENCE IN

THE BOKO HARAM INSURGENCY IN NIGERIA:

CHALLENGES AND THE WAY FORWARD

Anita Nwotite

BL LLB LLM

Lecturer, Faculty of Law, Nnamdi Azikiwe University, Nigeria

Abstract

Sexual violence is one of th e human rights violation s characterising the

Boko Haram insurgenc y in Nigeria. These violatio ns include rape, sexu al

slavery and the abdu ction of women and girls by m embers of the insurgent

group. Unfortunately, the empha sis has always been on the provi sion of

humanitarian aid rath er than redressing these violations. This art icle argues

that although there are laws in place reg ulating sexual violen ce in Nigeria,

these laws are inadequa te in providing redress for the victi ms. Besides, the

laws are rarely implemented to e nsure a system of justice for victims, g iven the

patriarchal and c ultural antecedents of Nigeria. It is against this backg round

that the article evaluat es the legal framework for redre ssing sexual violence

in the Boko Haram insurgenc y in Nigeria with a view to revealing the gap

that exists therein . To achie ve this aim, the article denes sexual violence

and instances of such in t he Boko Haram context. It also e xamines the legal

framework for redressing se xual violence in Nigeria and the limita tions

of these laws in that regard. Th e article further con siders the concept of

redress and what it entails. Although the a rticle adopts a legal approach, it is

concluded that this appro ach is inadequate in addressing t he issue at stake and

that, in addition, a re sort to extra-legal or other ra dical measures is nee ded.

To address this challenge, the article among othe r things, recommends the

eradication of cultural p ractices and negative v alues encouraging se xual

violence; stipulation of a time frame within which cases of se xual violence

must be redressed; the appoin tment of an independ ent monitoring body to

ensure the implementat ion of constitutional provisions in that rega rd; judicial

independence; and adv ocacy by both civil societ y organisations and t he

media as tools to compel the relevant a uthorities to full their responsibility

to protect victims of sexu al violence. This, it is su bmitted, will go a long way

to address the vulnerab ility of Nigerian women and girl s faced with sexual

violence by insurgent groups.

Keyword s: Boko Haram; insurgenc y; Nigeria; sexual violence; women; legal

redress

(2021) 32 Stell LR 169

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