Published 26th Jan, 2024

By Joseph Adeiye

When Document Women, a Nigerian feminist publication, posted on its X account that a Nigerian law allows a man to physically assault his wife, the first comment was “What???”

The feminist publication’s post tried to highlight how some laws in Nigeria hurt women.

“Did you know that the Penal Code in Nigeria allows a man to legally beat his wife as a form of correction?” The post read on Friday.

Viewed over 17,000 times in just over three hours, reactions ranged from agreement to utter shock.

FIJ checked to verify if there’s such a law and found the Penal Code Law of Jigawa State, which allows a man to legally beat his wife as a form of correction.

A penal code is a document of significant legal consequence, inferior only to the Nigerian Constitution. It contains offences that are recognised within the jurisdiction (northern Nigerian states, in this case) and the penalties to be imposed for such offences.

FIJ found that Section 55 of the Jigawa State Penal Code is titled “Correction of child, pupil, servant or wife”, and it reads:

(1) Nothing is an offence which does not amount to the infliction of grievous hurt upon any person and which is done—

(a) by a parent or guardian for the purpose of correcting his child or ward, such child or ward being under eighteen years of age;

(b) by a schoolmaster for the purpose of correcting a child under eighteen years of age entrusted to his charge; or

(c) by a master for the purpose of correcting his servant or apprentice, such servant or apprentice being under eighteen years of age; or

(d) by a husband for the purpose of correcting his wife, such husband and wife being subject to any native law or custom in which such correction is recognised as lawful.

(2) No correction is justifiable, which is unreasonable in kind or in degree, regard being had to the age and physical and mental condition of the person on whom it is inflicted and no correction is justifiable in the case of a person who, by reason of tender years or otherwise, is incapable of understanding the purpose for which it is inflicted.

The law permits a man to beat or physically abuse his wife as long as he can explain that it is a custom in his house and does not cause grievous bodily harm to her.

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