TOPIC: IS INCEST CRIMINALIZED IN NIGERIA? SCOPE, LAWS AND PUNISHMENTS. BY: PAUL OLUFEMI. ESQ.
Against the backdrop of highly publicized cases in both
print and social media of incidences of rape cases of an incestual nature, it
is important to note the position of the law regarding this menace.
NIGERIAN
LAWS PROHIBITING INCEST.
Incest may be defined as sexual relations between persons
of same blood or origin; more specifically: between persons descended from the
same ancestor. The criminalization of Incestual relations has been codified and
criminalized in both our customary and
statutory laws e.g. the Nigerian
Criminal Code Cap 77 LFN 1990, in which incest is defined as an offence against
morality.
In
section 214 Criminal Code Cap 77 LFN 1990;
“Any
person who has carnal knowledge of any person against the order of nature;
……………… is
guilty of a felony, and is liable to imprisonment for fourteen years.”
The Act further states the punishment for incest in
section 214 (3) where it prescribes a minimum of fourteen (14) years in jail.
It should also be noted that the above mentioned clauses
also cover sex offences such as incest, bestiality, homosexuality, sex with a
minor with or without consent and other related offences. These offences
against morality are termed as felonies which carry a minimum of fourteen (14)
years in jail.
NIGERIAN
LAWS AGAINST INCESTUAL MARRIAGES
Incestual relations and marriages are voided and
prohibited in the 1st schedule (section 3) of the Matrimonial Causes
Act Cap 220 LFN 1990; where it lists the prohibited degree of consanguinity (of the
same blood or origin; specifically : descended from the same ancestor) as;
Marriage of a man is prohibited if
the woman is, or has been his-
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Ancestress
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Wife's mother
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Descendant
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Wife's grandmother
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Sister
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Wife's daughter
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Father's sister
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Wife's son's daughter
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Mother's sister
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Wife's daughter's daughter
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Brother's daughter
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Father's wife
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Sister's daughter
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Grandfather's wife
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Son's wife
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Daughter's son's wife
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Marriage of a woman is prohibited if
the man is, or has been, her-
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Ancestor
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Husband's father
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Descendant
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Husband's grandfather
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Brother
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Husband's son
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Father's brother
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Husband's son's son
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Mother's brother
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Husband's daughter's son
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Brother's son
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Mother's husband
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Sister's son
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Grandmother's husband
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Daughter's husband
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Son's daughter's husband
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Daughter-daughter's husband
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LAW
AGAINST INCESTUAL RAPE
Incestaul rape is covered under Section 357 of the Criminal Code Criminal
Code Cap 77 LFN 1990, where rape is defined as;
“…………………………………. 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.
358. Any person who
commits the offence of rape is liable to imprisonment for
life,
with or without caning.
In some jurisdictions, incest caused
either through rape, assault, defilement of a minor with or without consent, carries
a stiff penalty under our laws. Although the criminal code might sometimes
appear too vague in its provision for incestaul rape, different jurisdictions
have promulgated laws to cover instances of incest e.g. Lagos state domestic
violence law.
HOW
TO CURB THIS MENACE
This problem can be curbed by
government sponsored public awareness programs on sex abuse, active involvement
of criminal justice system and state social services departments. An example of
such initiatives are establishment of child protective services department in
local jurisdictions, police abuse hotline, N.G.O sponsored abuse hotlines.
CONCLUSION
In conclusion, the above mentioned
factors help in reducing the spate of incest in our communities. However, the
best solution is the promulgation of laws by both federal and state governments
to curb this menace.
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