13/02/2026
Can a man be accused of ra**ng his wife under Nigerian law?
Under Nigerian law, the position on whether a man can be accused of ra**ng his wife has evolved.
Under the old common law, which influenced Nigerian criminal jurisprudence, a husband could not be guilty of ra**ng his wife, as marriage was regarded as giving irrevocable consent to sexual in*******se.
This position was reflected in the Criminal Code applicable in Southern Nigeria and the Penal Code applicable in Northern Nigeria, both of which did not recognise marital r**e.
However, this position has been significantly altered by the enactment of the Violence Against Persons (Prohibition) Act, 2015 (VAPP Act). The VAPP Act defines r**e as the intentional pe*******on of another person without consent, and it makes no exception for marriage. Consent under the Act must be freely given and may be withdrawn at any time.
Consequently, under the VAPP Act, a husband can be accused and convicted of ra**ng his wife.
It should be noted that the VAPP Act applies automatically in the Federal Capital Territory, Abuja, and in states that have domesticated the Act. In states that have not adopted the VAPP Act, the older position under the Criminal Code or Penal Code may still apply.
In conclusion, while marital r**e was not recognised under the old law, a man can be accused and convicted of ra**ng his wife under Nigerian law in the FCT and in states that have adopted the VAPP Act.