By Snr. Comr. A.E. Tagan (The Oracle)
The recent reports of a so-called “rape festival” in Ozoro, Delta State, if true, represent one of the gravest assaults on human dignity in contemporary Nigerian society.
Such an occurrence is not merely disturbing—it is an outright affront to law, morality, and civilization itself.
No society that claims to uphold justice, order, and humanity can tolerate any practice that legitimizes sexual violence.
Rape is not culture. It is a crime. It is violence. It is a violation of the most basic rights inherent in every human being.
The legal position in Nigeria is both clear and uncompromising. The 1999 Constitution (as amended) provides a robust framework for the protection of human dignity and personal liberty. Section 34(1) guarantees the dignity of the human person and prohibits torture, inhuman, or degrading treatment. Section 35(1) secures the right to personal liberty, while Section 42(1) prohibits discrimination on grounds including sex and circumstances of birth.
In furtherance of these constitutional safeguards, statutory provisions expressly criminalize sexual violence. Under the Criminal Code Act, rape is defined in Section 357 and punished under Section 358. Additionally, Section 360 criminalizes indecent assault on females, while Section 361 extends protection to girls under a specified age. These provisions apply in Southern Nigeria, including Delta State.
The Violence Against Persons (Prohibition) Act 2015, further strengthens the legal regime. Section 1 defines and criminalizes rape in expansive terms, while Section 2 addresses spousal battery and related violence. Section 19 prohibits harmful traditional practices, and Section 23 provides for compensation to victims of violence.
The Anti-Torture Act 2017 reinforces the prohibition of cruel treatment. Section 2 defines and absolutely prohibits torture in all its forms, while Section 3 establishes that no exceptional circumstances whatsoever may be invoked as justification for torture.
Special protection is afforded to children under the Child Rights Act 2003. Section 11 protects the dignity of the child, while Sections 31 and 32 criminalize sexual abuse, exploitation, and the use of children for immoral or unlawful purposes.
Nigeria’s obligations are also reinforced under regional and international instruments. The African Charter on Human and Peoples’ Rights (domesticated in Nigeria) guarantees the right to dignity under Article 5 and the right to liberty under Article 6.
Furthermore, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) obligates state parties under Articles 1 and 2 to eliminate discrimination and protect women from violence, while the Convention on the Rights of the Child provides under Articles 19 and 34 for protection of children from all forms of sexual abuse and exploitation.
It must be stressed that no cultural practice can override these legal protections.
Nigerian courts have consistently subjected customs to strict validity tests. In Mojekwu v Mojekwu, the Court of Appeal condemned customs that offend equity and good conscience. Likewise, the Supreme Court in Edet v Essien affirmed that for a custom to be valid, it must not be repugnant to natural justice, equity, and good conscience; must not be incompatible with any written law; and must not be contrary to public policy.
Measured against these above well-established legal standards, any alleged practice that permits or encourages rape is manifestly invalid. It is repugnant in the extreme, directly conflicts with multiple statutory provisions, and is wholly contrary to public policy and international human rights norms.
Let it be unequivocally stated: culture is not a license for criminality. Traditions that dehumanize, violate, or endanger human dignity have no place in any lawful society. They are not to be preserved—they must be condemned and eradicated.
This is, therefore, a call to action. Law enforcement agencies must conduct a thorough investigation and prosecute all offenders in accordance with the law. Traditional institutions, community leaders, and civil society must rise to firmly reject any such practices.
Nigeria must continue to evolve as a society governed by law, justice, and respect for human dignity. Anything less is unacceptable.
