LEGAL PROTECTION OF MEN AND OLDER PERSONS AGAINST DOMESTIC VIOLENCE IN NIGERIA: A CRITICAL APPRAISAL OF THE NATIONAL AND INTERNATIONAL LEGAL FRAMEWORK

Abstract

Domestic violence is commonly examined through the experiences of women and children, particularly because women disproportionately experience intimate-partner violence. However, limiting legal discourse to these groups risks obscuring the experiences of male victims and older persons, who may also suffer physical, psychological, sexual, economic and emotional abuse within domestic relationships. This article examines the legal protection available to men and older persons against domestic violence in Nigeria within the framework of national, regional and international human-rights law. It considers the Constitution of the Federal Republic of Nigeria 1999, the Violence Against Persons (Prohibition) Act 2015, the Criminal Code Act, the Penal Code, the Child Rights Act where relevant to elderly caregivers and family settings, and state-level domestic violence legislation. It further examines Nigeria’s obligations under the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and relevant African instruments concerning older persons. Particular attention is given to the proposed Older Persons Rights Bill 2025 and its potential to strengthen protection against elder abuse if enacted. The article argues that Nigerian law is substantially gender-neutral in its general prohibition of violence against persons, but significant practical, social and institutional barriers continue to prevent male and older victims from obtaining effective protection. It recommends stronger implementation of existing legislation, gender-neutral access to protection orders, specialised mechanisms for addressing elder abuse, increased public awareness, improved reporting systems, and comprehensive legislation specifically protecting older persons.