LAGOS, Nigeria – Legal experts have stressed that consent remains the defining factor in determining lawful sexual relations under Nigerian law, warning that any sexual act without voluntary consent constitutes rape or sexual assault.
Speaking on Sunday in Lagos, pioneer chairperson and chairperson emerita of the International Federation of Women Lawyers (FIDA), Badagry Branch, Mrs. Adaku Mbama, said Nigerian laws recognise that consent cannot be obtained through coercion, intimidation, fraud, intoxication, unconsciousness or mental incapacity. She added that consent can also be withdrawn at any stage of a sexual encounter.
“Marriage, previous sexual relations or dating do not amount to automatic consent for future sexual activity,” Mbama said, noting that the Violence Against Persons (Prohibition) Act (VAPP) recognises spousal rape and prescribes penalties ranging from imprisonment to life sentences depending on the offence.
Also speaking, Chukwuemeka Dike, a barrister and technology, privacy and human rights advocate, said consent must be voluntary, clear and continuous. He stressed that silence, previous intimacy or lack of resistance should never be interpreted as consent, while minors and persons of unsound mind cannot legally consent to sexual activity.
The legal experts urged governments, law enforcement agencies, schools, families and the media to intensify public awareness on consent, strengthen prosecution of sexual offences and improve support services for survivors, citing stigma, under-reporting and weak enforcement as major barriers to justice.
