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Nairaland Forum / Ajbf's Profile / Ajbf's Posts
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Nigeria: Spousal Rape - What the Law Says 3 MARCH 2020 Daily Trust (Abuja) By Adelanwa Bamgboye Lagos — Rape is defined as a crime of forcing a woman or girl to have sex, especially using violence and it is one of the oldest crimes in the world. Traditionally, rape could only be committed outside marriage, and courts did not apply the rape statutes to acts of forced sex between spouses because it was generally believed that a woman consented to all future sexual activity with her husband through the contract of marriage. For many cultures in Nigeria, the idea of marital rape is foreign, something imposed and that which contradicts the belief that such matters should be dealt with privately rather than by the government. Daily Trust gathered that marital rape is not an offence in Nigeria hence it is not prosecutable. A husband cannot rape his wife. It is assumed that the wife gives implied general consent to sexual intercourse with her husband upon entering the marriage contract, which she cannot retract. It is therefore not surprising that in Nigeria today, there is no known case of a husband who is charged to court for marital or spousal rape. However, some lawyers believe that the husband should obtain consent from the wife before every intercourse, while others believe that there is an implied consent on the side of the wife resulting from marriage which gives the husband a ready-made or automatic consent. This is the confusion and it is hoped that the courts will have an opportunity in future to look at decisions on the issue. According to Nwogugu in "Family Law in Nigeria", "The parties to a marriage owe each other a duty to consummate it". One of the grounds for dissolution of marriage under Section 15(1) of the Matrimonial Causes Act states: "A petition under this Act by a party to a marriage for a decree of dissolution of the marriage may be presented to the court by either party to the marriage upon the ground that the marriage has broken down irretrievably". Section 15(2)(a) of the above law provides one of the conditions that will prove this fact as it states: "that the respondent has wilfully and persistently refused to consummate the marriage". Therefore, the fact that a spouse has wilfully and persistently refused to consummate the marriage is enough for the court to dissolve it. According to Edikan Ekanem, a spouse's right to sexual intercourse must be reasonably exercised, and with due regard for the health and the disposition (mood) of the other spouse. "While a duty exists to have sexual relations, a spouse is not obliged to summit to excessive sexual demands of the other party which may for instance, be detrimental to the party's health," Edikan Ekenem said. English jurist, Sir Matthew Hale (1609-1676), stated the position of the common law in 'The History of the Pleas of the Crown (posthumously, 1736)' that a "husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract the wife hath given up herself in this kind to her husband which she cannot retract". The Nigerian Criminal Code in Section 357 states that, "Any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of harm, or by means of false and fraudulent representation as to the nature of the act, or, in the case of a married woman, by personating her husband, is guilty of an offence which is called rape." Section 6 of the Criminal Code defines unlawful carnal knowledge as that which takes place otherwise than between husband and wife; and the offence is complete upon penetration. In the Penal Code, Section 281(1) provides that: "A man is said to commit rape who... has sexual intercourse with a woman in any of the following circumstances - (a) against her will; (b) without her consent; (c) with her consent, when her consent has been obtained by putting her in fear of death or of hurt; (d) with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married; (e) with or without her consent, when she is under 14 years of age or of unsound mind." Similarly, under the Penal Code, there is no offence of marital rape, provided the wife has attained the age of puberty. 5 Likes |
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MoodyQueen:Can husband be charged for raping his wife in Nigeria? https://allafrica.com/stories/202003030478.html https://punchng.com/marital-rape-under-nigerian-law/?amp=1 However, when husband forcefully has sex with his wife, the highest he can be charged for is assault provided there is enough evidence to suggest such. 1 Like |
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Ishilove:Each senator with his driver and police escorts (at least four policemen) However, the young man and other alleged culprits should be sentence according if found guilty by the competent court of jurisdiction. |
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Globad:Baruwa vs Dapo Abiodun who is the Governor of Ogun State. The Supreme Court of Nigeria held that candidate can decide not to declare all his certificates when such candidate is going into election. |
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ThatFairGuy:APC was the one that disqualified him through their state leader in person of Ajimobi so that the prefer candidate, Adelabu could emerge. https://www.premiumtimesng.com/news/headlines/337294-nysc-court-says-graduates-who-skip-scheme-can-contest-governorship.html |
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ThatFairGuy:Dapo Abiodun who is the governor of Ogun State did not present any NYSC certificate. Another case is that of Barrister Shitu Adebayo from Oyo State, who was Minister of Communication, he has no NYSC certificate. Kemi Adeosun is a criminal who forged NYSC certificate. 2 Likes 1 Share |
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I am using this medium to pray for the Oyo State Ex-Governor Abiola Ajimobi of the APC who has been rumoured to have been admitted to an Intensive Care Unit in one of the hospitals in Lagos, God Almighty will heal him and free him of purported Coronavirus. God will heal other Coronavirus victims in Nigeria and worldwide. |
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majamajic:Nothing wrong with Obaseki certificates 2 Likes 1 Share |
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Very good. I pray that the remaining people with the Coronavirus will get healed. Unconfirmed report says that Ex-Governor Ajimobi is down with Coronavirus in Lagos. I pray that Ajimobi should not test positive to Coronavirus but if yes, God Almighty will heal him. |
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Dannyozs:You should have pointed to the lies in my statements. If you are not comfort with those statements, make your own submission then. |
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The Democrat party has hijacked the protest for political gains in respects of the coming presidential election in that country. The state where this guy was killed is controlled totally by Democrat. The police (including the killer officer) are working for Democrat party. They are state police which Trump has no control whatsoever upon. If this guy (George Flody) happened to have gone to markets in Nigeria to spend counterfeit(fake) money ($20 = #9000) and he was caught, he might have been burned (lynched) to death 2 Likes |
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foreveryoung1515:The guy was a porn actor. He had some few pockets of crime records. About two weeks ago, he went to a supermarket to buy things with fake money ($20 about #9000). The supermarket people called police for him. He was arrested by four police officers. One of the police officers, after handcuffed him and pinned him to the ground, the Police man still used his leg(knee) to pinned his neck to the ground for about 9 mins, he was shouting that he couldn't breathe. Later, the police got him up and allowed him to sit. Police then called for medicals, he was taken to hospital and he died there few hours (before 24 hours to that time.). 1 Like |
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ityP:
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solok:The fools don't know that when one partner of a legally married couple dies, the other partner is recognized by law than children, siblings or even parents. If the person should die intestate, the most qualified to take over the properties is the spouse. |
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Officialgarri:The palliatives are not from Federal Government but from Oyo State Government. The rotten ones FG brought to Oyo State have been returned back to Custom office in Ibadan. |
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InvertedHammer:They have forgotten that it is part of promoting the guy, even though the guy was not having contract with the label. The guy was the highest beneficial of the Akon featuring without a contract. 1 Like |
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fadar095:Then ask their father or their family to invest on them instead. 1 Like |
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queencalipso:Wait till tomorrow. The governor has promised to reveal the name of the company by tomorrow |
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Yemike:32FM? How many dey work there sef? Not inside Cocoa house. I said the company has more than 600 graduates, not to talk of its not graduates strength. |
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slimanyd:The company is along that road I mentioned. If you cannot figure out the company that employ should number of people, then I think the name alone might not directly useful to you. It will only create panic in the society. |
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If you are in Ibadan, be careful along Cocoa house, ShopRite Dugbe, CBN building, Radio Nigeria, Femi Johnson axis or road. The Ibadan South West Local Government is extended to that area. The said company employs more than 1000 graduates that are working on shifts 24 hours per day throughout the week The company has to do with communication but is not Radio Nigeria. The staff of that company are mostly living in areas like Mokola, Challenge, Molete, Iwo road , Agbowo etc The company is along Cocoa house, ShopRite Dugbe, CBN building, Radio Nigeria, Femi Johnson axis or road. 2 Likes |
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Honor10:The problem is that a lot of state governments in South West, Edo States and some states in the North are testing for this Coronavirus. So, it is expected that there will be detection of this disease. However, some state governments in the Eastern Nigeria and some in the North (like Kogi) are not testing people. Some States don't even have molecular laboratory for proper testing. This means allot of people might be going around with this Coronavirus. 4 Likes |
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clemmonce:Who put that subconscious mind of woman there? Is it not society? Why don't women in Western world have the same subconsciousness? In the olden days, your great great grand mother and your great ground mother (both paternal and maternal) worked entirely for their husbands. African/Nigerian Christianity and socialization with Western world has polluted the culture. And even to make the matter worse, most of self-acclaimed men of God are mis-orienting thier people in the church as regarding the functions of couple in marriage against the Bible standard 2 Likes |
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Ybaby:You not a Virtuous woman ( Proverbs 31 : 10 - 31). Simple! 6 Likes |
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CHoccolaTE:Do women want to talk about being Virtuous women to their husbands as stated in Proverbs 31: 10 --- till the end? Marriage is not a jamboree. Both parties (the couple) need to work their ass up to provide for their family. I will advise you to read that Proverbs chapter 31 from verse 1 to the end and advise your son(s), and probably brothers. 1 Like |
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Ybaby:So many men of God have been misinterpreting this verse 1 Tim. 5:8 to encourage great population of women in their church. That Chapter is talking about take care of older widows in the family. 1 Tim.5: 4-9 ESV:Honor widows who are truly widows. 4 ESV:But if a widow has children or grandchildren, let them first learn to show godliness to their own household and to make some return to their parents, for this is pleasing in the sight of God. 5 ESV:She who is truly a widow, left all alone, has set her hope on God and continues in supplications and prayers night and day, 6 ESV:but she who is self-indulgent is dead even while she lives. 7 ESV:Command these things as well, so that they may be without reproach. 8 ESV:But if anyone does not provide for his relatives, and especially for members of his household, he has denied the faith and is worse than an unbeliever. 9 ESV:Let a widow be enrolled if she is not less than sixty years of age, having been the wife of one husband, 10 ESV:and having a reputation for good works: if she has brought up children, has shown hospitality, has washed the feet of the saints, has cared for the afflicted, and has devoted herself to every good work. Functions of Virtuous woman is statement through a prophecies of a woman to her son. Proverbs 31: 10 - 30 or so. 11 Likes |
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Ybaby:You are not correct with this passage you quoted. Read through the chapter do understand what Bible was saying there. In the verse you quoted, Bible is talking about old widows in the (extended) family 7 Likes |
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PortHarcourt1st:You are looking for problem with some people. Of all the areas in Port Harcourt, is this area with brown roofing houses you were able to snap? Did not you see beautiful estates to snap? ![]() ![]() |
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oluspicy:They should have included his current age in the announcement. |
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donb06:Yes, he was on ventilator. Ventilator(life support) is one of the major machines of the "Intense Care Units (ICU)". So, President Yaradua was placed in ICU then. Essential ICU Equipments are: Beds. ... ICU Bedside Monitors. ... Ventilator. ... Endotracheal Tube (ETT or Breathing Tube) ... Intravenous Infusion Pump. ... Syringe Driver / Syringe Pump. ... Nasogastric Tubes (NG Tube) ... Indwelling Urinary Catheter (IDC) Among others. |
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