LEGISLATING MARITAL RAPE IN NIGERIA: ISSUES IN ISLAMIC AND CUSTOMARY LAW MARRIAGES

Abstract

The paper focuses on an issue that concerns a marital rape and its legality in Nigeria. One of the primary objectives of international cooperation is to promote and enhance the welfare, wellbeing and security of citizens of state parties, thus, the emergence and coinage of the term marital rape as an offence by the international legal system architecture sought to define domestic justice and redefine marital relationships within the Lens of gender equality and the promotion, respect and fulfilment of women Human Rights, which was largely influenced by the international Human Rights Law. This paper seeks to appraise this term with a view to determine its application within the following parameters; the legal status of marriage in Nigeria? What type of marriage? What type of force would amount to rape? And in what circumstance? How can the prosecution prove rape against the husband/accuse?  It is the view of this paper that the offence of marital rape will certainly remain a hollow expression as far as enforcement is concern. But the question to ask is, what are the Nigeria’s commitments to relevant international instruments having signed and ratified them? The methodology adopted by the paper is doctrinal approach method wherein both primary and secondary sources of data were analysed, particularly the local laws and other relevant documents This paper finds that legislating marital rape is unrealistic and aggressive to husband conjugal rights, but rather mild term be used such as assault, with a view to preserving the relationship.