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.