Nigeria: Sex Without Wife's Consent Can Attract Life Imprisonment - Lagos DPP Warns

What the report says

The Lagos State Government has warned that a husband who forces sex on his wife without her consent could face prosecution under state criminal law, including a penalty of up to life imprisonment. The clarification was given by Dr. Babajide Martins, Director of Public Prosecutions at the Lagos State Ministry of Justice, during a briefing in Lagos to mark the start of the state’s Domestic and Sexual Violence Awareness Month, organized by the Domestic and Sexual Violence Agency (DSVA).

According to the report published by Leadership and distributed by AllAfrica, Martins said Nigerian law does not treat this situation as marital rape in the same way as other cases, but Lagos law provides for the offence of sexual assault by penetration. He said that where a wife withholds consent, a husband who forces intercourse may be charged under that provision rather than rape.

Martins used the briefing to emphasize that marriage does not remove the need for consent and urged people experiencing domestic or sexual abuse to report to the DSVA. The annual awareness campaign is intended to improve public understanding of abuse, encourage reporting, and strengthen support for survivors in Lagos State. The comments are notable because they clarify how state law may be applied in marital conflict, a topic that remains legally and socially sensitive in Nigeria.