Emotional Abuse Is a Crime

Emotional Abuse Is a Crime. Daily Law Tips (Tip 785) by Onyekachi Umah, Esq., LL.M, ACIArb(UK).

Introduction:  

From homes, schools, workplaces to religious centers, there are often too many cases of emotional abuse. In homes, many children grow up under homemade emotional abuse from their parents, guardians and siblings. Unfortunately, only few people understand that emotional abuse from parents/family members is not a family law issue but a criminal offence.

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With very poor training for teachers and poor supervisions of schools, many students are emotionally abused. And, the often-illiterate parents of such students, consider emotional abuse as part of school training and as such condone it. At the workplace, religious centers, clubs and almost every other gathering (including social media platforms), there are tons of patent and latent emotional abuse, often covered in veils of moral training and cultural norms. 

Emotional Abuse as a Crime:

Nigeria operates on written laws and as such, the lawmakers at the state and federal levels, make written laws. Nothing (action or inaction) is a crime/offence in Nigeria, unless there is a written law made by the legislature, that declares such an action or inaction to be a crime. This means that an action or inaction that is not accepted by religious, cultural and social norms and practices, is not an offence, unless and until such action or inaction is declared to be a crime by a written law.  Also, the laws and rules of a religious body, social group, community, tribe, business or any gathering, cannot declare anything to be a crime. It is only a written law made by the legislature (the National Assembly or a State House of Assembly) or made on the basis of such law, that can declare a thing to be a crime. 

In the case of emotional abuse, both federal law and several state laws have declared “emotional, verbal and psychological abuse” to be a punishable offence. Whether a tribe, religion, group or gathering perceives or believes that emotional abuse is not a crime but rather a tool of control and discipline is immaterial. When the law speaks, every other person, group, institution, interest or group must bow. 

“Emotional, verbal and psychological abuse” means a pattern of degrading or humiliating conduct towards any person, including “… repeated insults, ridicule or name calling, repeated threats to cause emotional pain or repeated exhibition of obsessive possessiveness, which is of such a nature as to constitute an invasion of a person’s privacy, liberty, integrity or security.” Hence, any form or measure of the above listed activities is emotional, verbal and psychological abuse. 

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Emotional, verbal and psychological abuse is a criminal offence that is punishable with an imprisonment for not more than 1 year or fine of not more than #200,000.00 or both. An attempt to commit the offence is an offence and it is punishable with an imprisonment for not more than 6 months or fine of not more than #100,000.00 or both. Inciting, aiding, abetting or advising another person to commit the offence, is on its own also an offence. It is an offence punishable with an imprisonment for not more than 6 months or fine of not more than #100,000.00 or both. Any person who knowingly receives or assists another person that has committed the offence is deemed to be an accessory after the fact and to have also committed an offence, punishable with an imprisonment for not more than 6 months or fine of not more than #100,000.00 or both.

Conclusion: 

Gone are the days, when children and wives were treated like mere slaves of men. We all have equal rights and our rights must be protected. No form of emotional, verbal and psychological abuse is permitted by any law in Nigeria. Any of these acts is an emotional, verbal and psychological abuse, the acts are; … repeated insults, ridicule or name calling, repeated threats to cause emotional pain or repeated exhibition of obsessive possessiveness, which is of such a nature as to constitute an invasion of a person’s privacy, liberty, integrity or security.” 

Training and formation should not condone any form of emotional, verbal and psychological abuse. Emotional, verbal and psychological abuse is a crime, punishable with imprisonment or fine or even both. Victims and their well-wishers are encouraged to report all cases of motional, verbal and psychological abuse to police and other relevant law enforcement agencies. Emotional Abuse Is a Crime!

My authorities, are:

1. Section 1, 2, 3, 4, 5 and 6 of the Constitution of Nigeria, 1999.
2. Sections 14, 47 and 48 of the Violence Against Persons (Prohibition) Act, 2015 and similar laws across states in Nigeria.
3. Onyekachi Umah, “Emotional, Verbal And Psychological Abuse Is Now Criminal Offences” (LearnNigerianLaws.com, 3 September 2019) <https://sabilaw.org/emotional-verbal-and-psychological-abuse-is-now-criminal-offence/> accessed 28 April 2021
4. Onyekachi Umah, “Forcing Wife to Stop Work is Now A Crime” (LearnNigerianLaws.com, 21 April 2021) <https://sabilaw.org/forcing-wife-to-stop-work-is-now-a-crime/https://sabilaw.org/forcing-wife-to-stop-work-is-now-a-crime/> accessed 26 April 2021
5. Onyekachi Umah, “It Is Now An Offence To Force Wife/Husband To Stop Working” (LearnNigerianLaws.com, 28 May 2019) <https://sabilaw.org/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
6. Onyekachi Umah, “Seizing or Destroying the Property of a Spouse is a Crime” (LearnNigerianLaws.com, 2 March 2021) <https://sabilaw.org/seizing-or-destroying-the-property-of-a-spouse-is-a-crime/> accessed 20 April 2021
7. Onyekachi Umah, “Hiding/Concealing Domestic Violence Is A Crime” (LearnNigerianLaws.com, 11 December 2020) <https://sabilaw.org/hiding-concealing-domestic-violence-is-a-crime/> accessed 20 April 2021
8. Onyekachi Umah, “Domestic Violence Is A Crime Not A Family Dispute” (LearnNigerianLaws.com, 10 December 2020) <https://sabilaw.org/domestic-violence-is-a-crime-not-a-family-dispute/ > accessed 20 April 2021
9. Onyekachi Umah, “Why Lagos State Needs A VAPP/SGBV Law” (LearnNigerianLaws.com, 26 January 2021) <https://sabilaw.org/why-lagos-state-needs-a-vapp-sgbv-law/> accessed 20 April 2021
10. Onyekachi Umah, “Lagos State Has No VAPP/SGBV Law !” (LearnNigerianLaws.com, 8 December 2020) <https://sabilaw.org/lagos-state-has-no-vapp-sgbv-law/> accessed 20 April 2021
11. Onyekachi Umah, “An Access To Criminal Laws In Nigeria” (LearnNigerianLaws.com, 4 December 2020) <https://sabilaw.org/an-access-to-criminal-laws-in-nigeria/ > accessed 20 April 2021
12. Onyekachi Umah, “8 New Things About Rape Laws In Nigeria” (LearnNigerianLaws.com, 3 December 2020) <https://sabilaw.org/8-new-things-about-rape-laws-in-nigeria/ > accessed 20 April 2021
13. Onyekachi Umah, “ChannelsTv Interviews Onyekachi Umah on Rape and the Laws.” (LearnNigerianLaws.com, 20 November 2020) <https://sabilaw.org/channelstv-interviews-onyekachi-umah-on-rape-and-the-laws/ > accessed 20 April 2021
14. Onyekachi Umah, “Can A Woman Be Charged With Rape” (LearnNigerianLaws.com, 24 June 2020) <https://sabilaw.org/can-a-woman-be-charged-with-rape-daily-law-tips-tip-595-by-onyekachi-umah-esq-ll-m-aciarbuk/ > accessed 20 April 2021
15. Onyekachi Umah, “Can A Husband Rape His Wife” (LearnNigerianLaws.com, 19 June 2020) <https://sabilaw.org/can-a-husband-rape-his-wife-daily-law-tips-tip-592-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
16. Onyekachi Umah, “When Is Seduction Or Indecent Dressing A Justification For Rape In Nigeria?” (LearnNigerianLaws.com, 18 June 2020) <https://sabilaw.org/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
17. Onyekachi Umah, “New Punishment For Rape In Nigeria” (LearnNigerianLaws.com, 23 June 2020) <https://sabilaw.org/new-punishment-for-rape-in-nigeria-daily-law-tips-tip-594-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
18. Onyekachi Umah, “Rape Cannot Be Settled Out Of Court (No Room For Pay-Off/Forgiveness/Withdrawal Of Complaints” (LearnNigerianLaws.com,26 June 2020) <https://sabilaw.org/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
19. Onyekachi Umah, “A Female Too, Can BE Guilty Of Rape” (LearnNigerianLaws.com, 13 December 2018) <https://sabilaw.org/daily-law-tips-by-onyekachi-umah-esq-tip-248-a-female-too-can-be-guilty-of-rape-in-nigeria/ > accessed 20 April 2021
20. Onyekachi Umah, “Ages At Which Sexual Intercourse With Consent Will Amount To Rape” (LearnNigerianLaws.com, 20 February 2020) <https://sabilaw.org/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
21. Onyekachi Umah, “How To Prove Rape In Nigeria).” (LearnNigerianLaws.com, 2 July 2019) <https://sabilaw.org/how-to-prove-rape-in-nigeria-daily-law-tips-tip-363-by-onyekachi-umah-esq-llm-aciarb-uk/ > accessed 20 April 2021
22. Onyekachi Umah, “Child Marriage/Abuse Is A Crime (Rape): An Exposé On Laws Prohibiting Child Marriage” (LearnNigerianLaws.com, 22 June 2020) <https://sabilaw.org/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
23. Onyekachi Umah, “Forced Marriage Is An Offence In Nigeria.” (LearnNigerianLaws.com, 21 October 2020) <https://sabilaw.org/forced-marriage-is-an-offence-in-nigeria/ > accessed 20 April 2021 
24. Onyekachi Umah, “Female Genital Mutilation/Cutting/Elongation, Breasts Ironing And Forced Marriage Are Now Criminal Offences In Nigeria” (Daily Law Tips [443]) <https://sabilaw.org/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
25. Onyekachi Umah, “Harmful Widowhood Practices (Traditions) Are Illegal In Nigeria” (Daily Law Tips [Tip 589]) <https://sabilaw.org/harmful-widowhood-practices-traditions-are-illegal-in-nigeria-daily-law-tips-tip-589-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
26. Onyekachi Umah, “Forceful Isolation/Separation Of Family Members/Friends Is Now An Offence In Nigeria” (Daily Law Tips [356]) <https://sabilaw.org/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
27. Onyekachi Umah, “Abandonment Of Wife/Husband, Children Or Dependants Is A Crime” (LearnNigerianLaws.com, 3 December 2019) <https://sabilaw.org/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
28. 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://sabilaw.org/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 27 April 2021
29. Onyekachi Umah, “Examining Brutalization of House Helps in Nigeria. (An Exposé on Anti-Cruel Labour Laws in Nigeria)” (LearnNigerianLaws.com, 3 August 2020) <https://sabilaw.org/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 27 April 2021
30. Pic credit: indiaparentingtips.com

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