A video posted by lawyer and influencer Timi Agbaje on X (formerly Twitter) has ignited a firestorm of debate. His question—“Can a man rape his wife in Nigeria?”—seems simple, but the answer, rooted in Nigeria’s outdated criminal code, is anything but.
Agbaje’s legal explainer clarified that under Nigerian law, marital rape is not recognized as a crime. His video was factual, a straightforward interpretation of existing legislation. Yet, it was met with both praise and outrage. Critics, including artist Ladipoe, argued that simply stating this fact without condemning it or calling for reform was irresponsible and could embolden abusers. Others defended Agbaje, insisting he was merely interpreting the law, not advocating for its continuation.
But beyond the noise, the real question remains: Why does Nigerian law still refuse to acknowledge marital rape?
The Law: A Glaring Loophole That Enables Abuse
Nigeria’s Criminal Code, which governs the southern states, and the Penal Code, which applies in the north, both reflect deeply patriarchal assumptions about marriage. Section 282 of the Penal Code explicitly states that sexual intercourse within marriage cannot be considered rape. The Criminal Code similarly excludes husbands from being prosecuted for raping their wives.
Essentially, once a woman enters marriage, the law assumes perpetual consent. This legal stance is rooted in archaic British laws, which the UK itself has since repealed. Nigeria, however, has not followed suit, leaving countless women unprotected from sexual violence within their own homes.
The Violence Against Persons (Prohibition) Act (VAPP), passed in 2015, criminalizes spousal rape but only in the Federal Capital Territory, Abuja. States must individually adopt the law for it to be applicable, and as of today, many have not. This fragmented legal approach leaves millions of Nigerian women with little to no recourse in cases of marital rape.
The Social Media Uproar: Misplaced Anger or a Necessary Wake-Up Call?
Reactions to Agbaje’s video reflect a deeper societal divide. Some, like Ladipoe, felt that his approach was reckless, arguing that highlighting the legal loophole without actively advocating for change could be harmful. Others defended him, insisting that Nigerians should be directing their anger at lawmakers, not at the person shedding light on the issue.
One user on X noted:
“Timi Agbaje starts his content with ‘What does the law say?’ He never said ‘What does Timi Agbaje say?’ If you have energy for him and not your lawmaker, then it’s time to take an IQ test.”
But another countered:
“If you watched Timi’s video on marital rape and ‘objectively’ interpreted it as him merely pointing out a loophole that needs to be fixed, you are lying or disingenuous at best. He wasn’t even neutral. Whether it was deliberate or not, he point blank presented it as a defense.”
This debate reveals the larger issue: the law is indefensible. Whether or not Agbaje explicitly condemned it, the fact remains that Nigeria’s refusal to criminalize marital rape is an indictment of its legal system.
Even comedian MC Lively weighed in, acknowledging the outdated nature of Nigerian laws and urging people to direct their outrage where it truly belongs—toward lawmakers:
“Rather than vilify the messenger for bringing to light a law that’s dangerous, we would be better benefitted if we directed our anger at the lawmakers.”
Nigerian Lawmakers Must Act
Conversations like this often burn brightly on social media before fizzling out. But outrage alone does not change laws—action does.
Here’s what must happen next:
- The National Assembly must amend the Criminal and Penal Codes to explicitly criminalize marital rape. Nigeria cannot continue to operate under laws that deny women basic human rights.
- All states must adopt the VAPP Act and ensure that its provisions on marital rape are fully enforced. A law that only applies in Abuja does little to protect the millions of women in Lagos, Kano, Enugu, or Port Harcourt.
- Public awareness campaigns must be intensified. Many Nigerians remain unaware of their legal rights—or lack thereof. Civil society groups, media organizations, and advocacy groups must continue to push for reform.
- Religious and cultural leaders must speak out. In a country where tradition and religion hold significant sway, these voices can play a critical role in shifting public perception.
Beyond Twitter Debates: The Real Issue at Hand
This is not just about Timi Agbaje, Ladipoe, or an X post gone viral. It is about the countless women who suffer in silence, trapped in abusive marriages with no legal protection. It is about recognizing that consent is not a one-time contract signed at the altar but an ongoing agreement that can be withdrawn at any time.
A nation that claims to value its women cannot, in good conscience, allow laws that condone their violation. It is time for Nigeria to do better.
The question now is: Will lawmakers listen?
