Intimate Partner Violence as a Private Law Wrong in Nigeria: Rethinking Civil Remedies and Doctrinal Boundaries

Abstract

Intimate partner violence in Nigeria has traditionally been addressed through criminal law, human rights discourse, and social welfare interventions, with limited attention paid to the remedial potential of private law. This article argues that such an orientation understates the capacity of Nigerian private law to provide meaningful civil redress to victims. Adopting a doctrinal and analytical methodology, the article examines the extent to which tort law, equitable relief, family law principles, and statutory civil protections can be deployed to recognize intimate partner violence as a cognizable private law wrong. It demonstrates relating assault, battery, injunctions, maintenance, custody, occupation rights, and proprietary adjustment are capable of responding to intimate partner violence without requiring radical doctrinal reconstruction. The article further shows that procedural formalism, judicial caution, and weak integration of civil remedies have constrained access to justice for victims, It also considers the interaction between formal private law remedies and customary law practices, which frequently shape family relations and dispute resolution in Nigeria. The article concludes that strengthening private law responses to intimate partner violence would enhance victim autonomy, widen remedial choice, and reinforce the protective function of Nigerian private law within a constitutional democracy.