The concept of marital or spousal rape: what the law says about it.

There have been numerous cases where women have accused their husbands of forcing their way into them and having sexual intercourse with them without their consents; and consent is the main ingredient that determines if the act of rape have taken place.

Some women go as far as taking up the case to court to get judgement but it’s pathetic that they end up losing the case even when the provide evidences and witness to prove that their spouse had sex with them without their consent.

They lose the case for the single reason that the act of marital rape or as it is otherwise called spousal rape is not a crime in Nigeria “yet”. I.e a man who is legally married to a woman cannot be held to have raped his wife despite the fact that the man penetrated the woman by force or by threat.

The reason that the concept of marital or spousal rape is not a crime and is yet to be made a crime in Nigeria can only be traced to the cultural connotations of the Nigerian nations.

Rape is defined by s.357 of the Criminal Code Act thus: 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.

S.6 of the Criminal code act for the sake of clarity defines what the phrase “carnal knowledge” means as stated in s. 357 of the act and it defines it to mean “carnal connection which takes place otherwise than between husband and wife”.

This statutory definition simply implies that when there’s a sexual intercourse between and a man and a woman and it happened without the woman’s consent, it can only be classified as rape when the woman is not married to the man but if they are married, the offense of rape cannot be said to have been committed by the man.

The Penal code act as applicable in the northern part of Nigeria further collaborates the criminal code act of the southern Nigeria in stating categorically that a man who is married to a woman cannot he held to have committed the crime of raping the wife no matter under which circumstances he had sex with the woman.

The Section 282(2) of the Penal Code act provides thus; Sexual intercourse by a man with his wife is not rape, save and except the wife have not attained the age of puberty. This is to say that a man can only be held to have raped his wife according to the penal code only if the wife have not attained the age of puberty but if the wife is of the age of puberty he won’t be held to have committed the offense of rape against the wife.

Therefore, as it stands today, a wife who is legally married to a man cannot claim that her husband raped her no matter the circumstances the under which the husband had sex with her and as it is the law that an individual cannot be punished for an offense which is not provided for in any Nigerian law as of the time being despite how moral justifiable punishing the offender can be.

This is the provision of S.36(12) of the constitution of the federal republic of Nigeria, 1999 and it states thus: Subject as otherwise provided by this Constitution, a person shall not be convicted of a criminal offence unless that offence is defined and the penalty therefor is prescribed in a written law, and in this subsection, a written law refers to an Act of the National Assembly or a Law of a State, any subsidiary legislation or instrument under the provisions of a law.

To this effect, since the offense of spousal or marital rape is yet to provided in any law in Nigeria, a man cannot be convicted for the offense of raping his wife as the offense of spousal or marital rape is “yet” to be criminalized.

We sincerely hope that spousal or marital rape gets criminalized in Nigeria as soon as possible so that men who force their ways into their wives get to be severely punished and the women getting succor from the traumatizing experience.

Even a dummy could attest to the fact that the next general elections in Nigeria are fast approaching, that, the political gladiators are currently seen in various quarters fastening their seat belt.

This implies that it would soonest be time when Nigerians in their number would be seen trooping into their various polling booths to cast their votes for whosoever they would like to see as the next President of the Federal Republic of Nigeria as well as who to represent their respective constituencies in the both chambers of the National Assembly (NASS).

Every sane and discerning Nigerian domiciled either home or abroad wouldn’t hesitate to publicly say that he/she desires for something not less than free, fair, credible and peaceful polls come 2023.

For the various dreams and anticipations of the electorate to come to past, the relevant authorities must at this point engage themselves in holistic planning in a bid to avoid fire-brigade approach, which has hitherto been the usual practice in Nigeria’s system at large.

As they variously clamour or canvass for well transparent and worthwhile polls that would stand the test of time, the electoral umpire known as the Independent National Electoral Commission (INEC) is expected to take into cognizance some key inevitable factors as regards the anticipated credibility of the elections.

As today’s world has become conspicuously tech-driven and acknowledging that the current Nigeria’s political processes and activities are powered by various technologies, the INEC must ensure that the needful are done towards averting both usual and unusual technical hitches at the polls during the awaited national rituals.

It’s now obvious that the Card Reader is relatively the engine room of the voting process in the Nigeria’s electoral terrain. Against this backdrop, the INEC presently led by Prof. Mahmood Yakubu is required to do everything humanly possible with a view to ensuring that the said electronic device functioned effectively and efficiently as expected by all concerned.

Survey indicates that the use of the card reader has in recent times proven to be one of the main avenues to witness an election free from all forms of pranks and malpractices. This is the reason every right thinking person who means well for the country he belongs to dispassionately advocates for its unending use in the country’s electoral activity.

Since inception in the electoral process of the acclaimed giant of Africa, the card reader has hitherto been faced by myriad of technical challenges that ordinarily ought to have been avoided if some pertinent factors were keenly considered by the concerned authorities.

It’s on this premise I deeply urge the INEC to implement various outstanding measures that would guarantee hitch-free elections as regards the expected deployment of a few tech-driven gadgets at the long awaited polls.

As I have earlier strongly advocated for a separate special unit within the INEC jurisdiction for the continual usage and maintenance of the electronic equipment and allied sensitive materials, I still maintain my stance. Such a unit would ensure that apt and timely attention is granted to the use of the devices.

It would equally ensure that only qualified and experienced personnel are in charge of the regular deployment of the instruments. Believe it or not, the truth remains that it would only take well tested tech experts to ensure a reliable and credible use of the ‘almighty’ card reader.

Then, at the various polling units across the federation where the machines would be duly deployed for the electorate to get in touch with them, acknowledging that nowhere in Nigeria could currently boast of uninterruptible power supply, there’s a compelling need for the unit or department in charge of the functionality of the equipment to make adequate provisions for alternative electricity source as long as each of the exercises lasts.

The only known alternative means of electrification in Nigeria is the power generating set. Hence, the aforementioned gadget must be made available at each of the polling booths where votes would be cast by the teeming voters domiciled in the recognized political wards nationwide.

Similarly, sufficient Premium Motor Spirit (PMS), otherwise known as petrol, must equally be made available. Insufficient provision of this very material or substance would go a long way in jeopardizing the overall anticipation of the electorate and the accredited observers.

Even though the card readers may have been fully charged prior to the D-day, there’s a tendency that in the long run the boosted cells would discharge, thereby making the batteries in need of further charging or boost at the polls. This is the sole reason the INEC cannot avoid providing electricity at the booths.

It would be ideal to also inform us that the INEC cannot handle this part of the national consignment without involving some other relevant stakeholders. In view of this assertion, the various community leaders cum traditional rulers need to be duly engaged or contracted to assist the electoral umpire. It would be the duty of these stakeholders to ensure that the needed power generators are provided at their respective jurisdictions.

I want to warn decisively that such a task shouldn’t be carried out by any political party or contestant, or even a party ally, to avert any sort of partisanship by the INEC ad-hoc officials posted to the polling units.

Allowing any vote seeker, either individual or group, to assist the conduct of the elections in any way would definitely create room for derailment or loophole among the electoral personnel. So, the INEC must be extra careful and extremely guided in respect of this.

Inter alia, the card readers need to be thoroughly tested and retested to really guarantee adequacy when they are eventually being used at the polls. Same measure ought to be employed in any other tech-driven device to be deployed by the electoral umpire during the elections.

Inter alia, the federal lawmakers ought to review the much talked-about Electoral Act amendment bill to ensure that such processes as electronic collation pattern, use tracking devices and card readers, and what have you, are inculcated into the document.

The INEC, therefore, needn’t be reminded that the anticipated credibility of the awaited polls come 2023 lies mainly on the adequacy of any tech instrument to be deployed in the process, hence the urgent need to ensure the wellbeing and accuracy of the tools before the D-day.