Daily Law Tips (Tip 779) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)
Introduction:
Before now, a typical African family has a husband that leaves the home daily to work and earn money and then a wife that stays back at home to make and nurture babies. Unfortunately, babysitting and house chores are never considered as work (paid jobs) in a typical African family in Africa. It was a symbol of wealth and dominance for a husband to order the wife to sit at home and enjoy the works of his labour.
Education and skill acquisition of girls and women as well as the passion to live a life and gather multiple streams of income for family, has changed this narrative. Wives are not children, but adult, human beings that have personal goals. Like men, wives have personal dreams too, aside having a family and being a wife. However, some husbands still force their wives to quit their jobs, sit at home and forcefully depend on their husbands financially.
The Bad Old Days:
Many Africans argue that the good old days of African marriages, was with little or no divorce. They say it was when only husbands worked and wives stayed back at home, and as such wives were less promiscuous at work. A simple inquiry into the state of affairs at that time, showed a system that communally denied girls and women any form of formal education and any meaningful skill. Girls were practically trained to be wives from birth with no other personal dreams, while boys were trained to be assertive and ambitious.
Furthermore, girls, women and wives were treated and deemed as mere tools and wares of men, that were merely acquired by men via payment of bride price. Hence, girls, women and wives had their human rights perpetually violated without remedies. After all, girls, women and wives were deemed to be no human beings, or were at best lower, weaker and inferior human beings. In the light of the fundamental human rights and the Constitution of Nigeria, those days were actually the bad old days. There were the days of domestic slavery, when marriages were mere master-servant relationships.
In a greatly unwritten custom, names and stories are great sources of history. The hardship and violation of human rights of girls, women and wives, can be easily deduced from the cultural titles of wives in Igbo land and other African communities. Some of the titles showed that girls, women and wives are to forcefully enjoy the wealth of their husband and were never to purse their own dreams. Some of the titles are; “Ori-Aku” (the one that enjoys wealth), “Odozie-Aku” (the one that manages wealth).
Over time, wives started working to support their husbands, and to train their own children in their often polygamous homes with limited resources. As such industrious wives earned titles, like; “Oso-Di-Eme” (the one that toils with the husband), “Ome-Ka-Diya” (the one that works like the husband) and “Oyiri-Di-Ya” (the one that is performs/behaves like her husband).
This second stage in women and wives freedom to work was predominant after the Nigerian-Biafran Civil War (drawing from the hardship and loss that the war brought). My maternal grandmother (Mrs. Agnes Neogbu Gabriel-Ogbudeh) was married in that era to my grandfather (Mr. Gabriel Ogbudeh-Nwa-Udeoguebem) and her husband-given-title/name was “Oyiri-Gab”/ “Oyiri-Gabriel” (the one/wife that performs/labours like her husband, Gabriel). She was among the few industrious women of Mgbowo, Enugu State, Nigeria that had decades of successful business operations in Mamfe, Cameroon. She was not forced to financially depend on the husband, Gabriel.
The Good New Days:
Human rights are the natural entitlements of any human being. The Constitution of Nigeria recognizes the fundamental human rights of persons in Nigeria. The right to personal liberty is one of the human rights in Nigeria. This right ensures that no person (girls, women or wives) is deprived of her personal liberty. For a husband to force the wife to quit her job and to financially depend on the husband, it simple will involve some elements of forceful restriction of the personal liberty of the wife. Hence, it will entail the flagrant violation of the fundamental human rights of the wife, especially her right to personal liberty. A violation of human right is a wrong in all parts of Nigeria, irrespective of the religion of the parties involved or their state of residence.
Aside the violation of a human right, forcing a wife to quit her job or to financially depend on her husband is also a criminal offence. It is a criminal offence in almost all parts of Nigeria. The Violence Against Persons (Prohibition) Act, as well as such other laws in states across Nigeria, have criminalized domestic violence. Domestic violence now includes the forcing of a wife to financially depend on her husband. In the Federal Capital Territory, Abuja, forcing a wife to financially depend on her husband is a criminal offence, punishable with not more than 2 years imprisonment or fine of Five Hundred Thousand Naira or both. Similar punishment exists in other states across Nigeria for the same offence.
Conclusion:
In a male dominated world, husbands may want to fan their ego, well, they must ensure that no wrong is done to any person (man or woman). The lazy argument that a wife is a property of her husband and as such a husband must be in total control of the affairs of his wife, is on its own an attempt to violate the rights of wives. Girls, women and wives are human beings and have the same degree of human rights with boys, men and husbands. In the eyes of law, none (husband/wife) is placed above the other. Forcing a wife to financially depend on her husband or any other person is a criminal offence. A wife, like any other human being, has rights to acquire property, wealth and skill of her own, irrespective of location and religion.
My authorities, are:
1. Sections 1, 2, 3, 4, 5, 35, 318, 319 of the Constitution of the Federal Republic of Nigeria, 1999.
2. Sections 12, 47 and 48 of the Violence Against Persons (Prohibition) Act, 2015 and similar laws across states in Nigeria.
3. Onyekachi Umah, “It Is Now An Offence To Force Wife/Husband To Stop Working” (LearnNigerianLaws.com, 28 May 2019) <https://learnnigerianlaws.com/it-is-now-an-offence-to-force-wife-husband-to-stop-working-daily-law-tips-tip-340-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 20 April 2021
4. Onyekachi Umah, “Seizing or Destroying the Property of a Spouse is a Crime” (LearnNigerianLaws.com, 2 March 2021) <https://learnnigerianlaws.com/seizing-or-destroying-the-property-of-a-spouse-is-a-crime/> accessed 20 April 2021
5. Onyekachi Umah, “Hiding/Concealing Domestic Violence Is A Crime” (LearnNigerianLaws.com, 11 December 2020) <https://learnnigerianlaws.com/hiding-concealing-domestic-violence-is-a-crime/> accessed 20 April 2021
6. Onyekachi Umah, “Domestic Violence Is A Crime Not A Family Dispute” (LearnNigerianLaws.com, 10 December 2020) <https://learnnigerianlaws.com/domestic-violence-is-a-crime-not-a-family-dispute/ > accessed 20 April 2021
7. Onyekachi Umah, “Why Lagos State Needs A VAPP/SGBV Law” (LearnNigerianLaws.com, 26 January 2021) <https://learnnigerianlaws.com/why-lagos-state-needs-a-vapp-sgbv-law/> accessed 20 April 2021
8. Onyekachi Umah, “Lagos State Has No VAPP/SGBV Law !” (LearnNigerianLaws.com, 8 December 2020) <https://learnnigerianlaws.com/lagos-state-has-no-vapp-sgbv-law/> accessed 20 April 2021
9. Onyekachi Umah, “An Access To Criminal Laws In Nigeria” (LearnNigerianLaws.com, 4 December 2020) <https://learnnigerianlaws.com/an-access-to-criminal-laws-in-nigeria/ > accessed 20 April 2021
10. Onyekachi Umah, “8 New Things About Rape Laws In Nigeria” (LearnNigerianLaws.com, 3 December 2020) <https://learnnigerianlaws.com/8-new-things-about-rape-laws-in-nigeria/ > accessed 20 April 2021
11. Onyekachi Umah, “ChannelsTv Interviews Onyekachi Umah on Rape and the Laws.” (LearnNigerianLaws.com, 20 November 2020) <https://learnnigerianlaws.com/channelstv-interviews-onyekachi-umah-on-rape-and-the-laws/ > accessed 20 April 2021
12. Onyekachi Umah, “Can A Woman Be Charged With Rape” (LearnNigerianLaws.com, 24 June 2020) <https://learnnigerianlaws.com/can-a-woman-be-charged-with-rape-daily-law-tips-tip-595-by-onyekachi-umah-esq-ll-m-aciarbuk/ > accessed 20 April 2021
13. Onyekachi Umah, “Can A Husband Rape His Wife” (LearnNigerianLaws.com, 19 June 2020) <https://learnnigerianlaws.com/can-a-husband-rape-his-wife-daily-law-tips-tip-592-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
14. Onyekachi Umah, “When Is Seduction Or Indecent Dressing A Justification For Rape In Nigeria?” (LearnNigerianLaws.com, 18 June 2020) <https://learnnigerianlaws.com/when-is-seduction-or-indecent-dressing-a-justification-for-rape-in-nigeria-daily-law-tips-tip-591-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
15. Onyekachi Umah, “New Punishment For Rape In Nigeria” (LearnNigerianLaws.com, 23 June 2020) <https://learnnigerianlaws.com/new-punishment-for-rape-in-nigeria-daily-law-tips-tip-594-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
16. Onyekachi Umah, “Rape Cannot Be Settled Out Of Court (No Room For Pay-Off/Forgiveness/Withdrawal Of Complaints” (LearnNigerianLaws.com,26 June 2020) <https://learnnigerianlaws.com/rape-cannot-be-settled-out-of-court-no-room-for-pay-off-forgiveness-withdrawal-of-complaints-daily-law-tips-tip-596-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
17. Onyekachi Umah, “A Female Too, Can BE Guilty Of Rape” (LearnNigerianLaws.com, 13 December 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-248-a-female-too-can-be-guilty-of-rape-in-nigeria/ > accessed 20 April 2021
18. Onyekachi Umah, “Ages At Which Sexual Intercourse With Consent Will Amount To Rape” (LearnNigerianLaws.com, 20 February 2020) <https://learnnigerianlaws.com/ages-at-which-sexual-intercourse-with-consent-will-amount-to-rape-daily-law-tips-tip-509-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
19. Onyekachi Umah, “How To Prove Rape In Nigeria).” (LearnNigerianLaws.com, 2 July 2019) <https://learnnigerianlaws.com/how-to-prove-rape-in-nigeria-daily-law-tips-tip-363-by-onyekachi-umah-esq-llm-aciarb-uk/ > accessed 20 April 2021
20. Onyekachi Umah, “Child Marriage/Abuse Is A Crime (Rape): An Exposé On Laws Prohibiting Child Marriage” (LearnNigerianLaws.com, 22 June 2020) <https://learnnigerianlaws.com/child-marriage-abuse-is-a-crime-rape-an-expose-on-laws-prohibiting-child-marriage-daily-law-tips-tip-593-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
21. Onyekachi Umah, “Forced Marriage Is An Offence In Nigeria.” (LearnNigerianLaws.com, 21 October 2020) <https://learnnigerianlaws.com/forced-marriage-is-an-offence-in-nigeria/ > accessed 20 April 2021
22. Onyekachi Umah, “Can a Married Woman Inherit Her Parents’ Property?”, (LearnNigerianLaws.com, 27 March 2020) <https://learnnigerianlaws.com/can-a-married-woman-inherit-her-parents-property-daily-law-tips-tip-535-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
23. Onyekachi Umah, “Female Genital Mutilation/Cutting/Elongation, Breasts Ironing And Forced Marriage Are Now Criminal Offences In Nigeria” (Daily Law Tips [443]) <https://learnnigerianlaws.com/female-genital-mutilation-cutting-elongation-breasts-ironing-and-forced-marriage-are-now-criminal-offences-in-nigeria-daily-law-tips-tip-443-by-onyekachi-umah-esq-llm-aciarb-uk/ > accessed 20 April 2021
24. Onyekachi Umah, “Harmful Widowhood Practices (Traditions) Are Illegal In Nigeria” (Daily Law Tips [Tip 589]) <https://learnnigerianlaws.com/harmful-widowhood-practices-traditions-are-illegal-in-nigeria-daily-law-tips-tip-589-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
25. Onyekachi Umah, “Forceful Isolation/Separation Of Family Members/Friends Is Now An Offence In Nigeria” (Daily Law Tips [356]) <https://learnnigerianlaws.com/forceful-isolation-separation-of-family-members-friends-is-now-an-offence-in-nigeria-daily-law-tips-tip-356-by-onyekachi-umah-esq-llm-aciarb-uk/ > accessed 120 April 2021
26. Onyekachi Umah, “Abolished Anti-Women Custom of Onitsha People of Anambra State, Nigeria” (LearnNigerianLaws, 10 March 2020) <https://learnnigerianlaws.com/abolished-anti-women-custom-of-onitsha-people-of-anambra-state-nigeria-daily-law-tips-tip-522-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
27. Onyekachi Umah, “Citizen By Marriage Is Discriminatory and Against Nigerian Women”, (LearnNigerianLaws.com, 14 September 2020) <https://learnnigerianlaws.com/citizen-by-marriage-is-discriminatory-and-against-nigerian-women/ > accessed 20 April 2021
28. Onyekachi Umah, “Abolished Anti-Women Custom of Yoruba People of Nigeria”, (LearnNigerianLaws.com, 11 March 2020) <https://learnnigerianlaws.com/abolished-anti-women-custom-of-yoruba-people-of-nigeria-daily-law-tips-tip-523-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
29. Onyekachi Umah, “Can a Married Woman Inherit Her Parents Property?” (LearnNigerianLaws.com, 27 March 2020) <https://learnnigerianlaws.com/can-a-married-woman-inherit-her-parents-property-daily-law-tips-tip-535-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
30. Onyekachi Umah, “Approval For Marriage Of Female Officers/Staff Is Unconstitutional and Discriminatory”, (LearnNigerianLaws.com, 23 September 2020) <https://learnnigerianlaws.com/approval-for-marriage-of-female-officers-staff-is-unconstitutional-and-discriminatory/ > accessed 20 April 2021
31. Onyekachi Umah, “Abandonment Of Wife/Husband, Children Or Dependants Is A Crime” (LearnNigerianLaws.com, 3 December 2019) <https://learnnigerianlaws.com/abandonment-of-wife-husband-children-or-dependants-is-a-crime-daily-law-tips-tip-470-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 20 April 2021
32. Onyekachi Umah, “It Is An Offence To Chase Out Wife/Husband From A Home Or Even Attempt To Do So” (LearnNigerianLaws.com, 17 May 2019) <https://learnnigerianlaws.com/it-is-an-offence-to-chase-out-wife-husband-from-a-home-or-even-attempt-to-do-so-daily-law-tips-tip-333-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 20 April 2021
33. Onyekachi Umah, “Examining Brutalization of House Helps in Nigeria. (An Exposé on Anti-Cruel Labour Laws in Nigeria)” (LearnNigerianLaws.com, 3 August 2020) <https://learnnigerianlaws.com/examining-brutalization-of-house-helps-in-nigeria-an-expose-on-anti-cruel-labour-laws-in-nigeria-daily-law-tips-tip-623-by-onyekachi-umah-esq-ll-m-aciarbuk/> accessed 20 April 2021
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