Spouse need not permission to move out from abusive partner
FIDA Nigeria (International Federation of Women Lawyers) Rivers State branch has affirmed that a spouse in an abusive marriage is not required to obtain the other party’s permission to move out of the matrimonial home. The organisation made this position known amid sensitisation efforts on rights under the Violence Against Persons (Prohibition) Law (VAPP) in Rivers State, which makes non-consensual eviction of a spouse a criminal offence.
The chairperson emphasised that spouses particularly women still retain their fundamental human rights while married, including the right to safety, liberty and movement. She explained that if a married person is facing domestic violence or harmful conditions at home, remaining in the home simply because the other spouse insists otherwise is not supported by law. The VAPP law classifies both forced isolation and restriction of movement as harmful practices.
The statement serves as a reminder that entering marriage does not suspend a person’s rights under Nigerian constitutional or statutory law. A spouse in a situation of abuse may seek refuge, relocate to safety and access legal protection—such as a protection order—without waiting for consent from the abusive partner. The advocacy group said it continues to work with law-enforcement and community stakeholders to raise awareness that eviction of a spouse without due process is itself an offence, but a spouse leaving an abusive situation is a right.
