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The Impact of Domestic Violence Legal Regulation and Enforcement Among Nigerian Immigrants in Ireland

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The Impact of Domestic Violence Legal Regulation and Enforcement Among Nigerian Immigrants in Ireland The Impact of Domestic Violence Legal Regulation and Enforcement Among Nigerian Immigrants in Ireland Bruno Obialo Igwe A thesis submitted in fulfilment of the requirements for the award of Doctor of Philosophy Department of Law Maynooth University, Ireland 2018 Research Supervisor: Dr Sibo Banda Declaration I declare that this thesis, which I now submit to Maynooth University for assessment on the programme of study leading to the award of a PhD degree is entirely my work. I exercised reasonable care to ensure that the work is original, and to the best of my knowledge, does not breach any copyright law, and has not been taken from the work of others save and to the extent that such work has been cited and acknowledged within the text in the footnotes. Candidate: Bruno Obialo Igwe Signed: Student Number: 11250166 Date Supervisor: Dr. Sibo Banda Signed: Date: i Dedication This thesis is dedicated to: My loving wife, Norah Chikodi Igwe, and our children, Chinelo Elemgbo Laetitia Igwe and Ogechi Niamh Igwe. Together, they are the major source of inspiration, strength and love that made it possible for me to complete this thesis. My parents, late Sir Isaac Obialo Igwe and late Lady (Ezinne) Elemgbo Laetitia Igwe whose faith, dedication and exemplary life continue to inspire their children, grandchildren and great-grandchildren. My brothers and sisters: Chief Hilary Igwe, Sir Herbert Igwe, Rev. Fr. (Dr) Paschal Igwe, Professor Isaac Igwe, late Mrs (Ezinne) Carol Oduka (nee Igwe), Mrs Mary Onwumere (nee Igwe), Mrs Theresa Mbachu (nee Igwe), and Mrs Chinelo Ehiahuruike (nee Igwe), and my nieces and nephews. Ubuntu - “Humanity” I am because we are, thanks to my family. You all have given me everything. I am blessed to have such a wonderful and caring family. May the love continue to blossom! ii Acknowledgments The challenges of writing a doctoral thesis are so enormous that it can hardly be overcomed by an individual effort. For this reason, I would like to acknowledge those who assisted me directly and indirectly to achieve this feat of completing this thesis successfully. To my supervisor, Dr Sibo Banda, it has been an immense pleasure to have someone like you as a supervisor right from my Masters dissertation to doctoral thesis. As my academic mentor, you have lived up to your profession. You have guided me through thick and thin, always there to encourage me and offer constructive criticism. Your desire for a coherent and cohesive work has paid off - Asante sana, Ninashukuru. To all the staff of the Department of Law, Maynooth University, I am grateful for your invaluable contributions in the form of advice and encouragement that assisted me to complete this project. The spirit of teamwork in the department is second to none. To my colleagues in the department and other colleges, especially Dr Florence Anaedozie and Gbemisola Johnson. Thank you for your support and encouragement. Both of you provided shoulders to lean on whenever the going became tough – thank you. To my cousins, Jerry Enyimuche and Bede Igwe, thank you for your encouragement. Special thanks to Mrs Eziada Clara Anyiam, my foot soldier in Nigeria who crisscrossed the whole country in search of information for the writing of this thesis. Without your effort in collecting the much-needed information in Nigeria, it would have been a daunting task for me – Dalu. To all my friends and well-wishers, who always encouraged me, especially Ifeanyi Ibeh, Benji Nweke, Christian Obiako Izuakobi, Nwabueze Uloko, Emeka Agbaka iii (Ayico), Jude Ikerionwu, Mike Umeh, Emeka Ejezie, Dona/Ifeoma Okanume, Peter Dike, Chidi Mekamam, Ebere Onuoha, Kenneth Edeh, Rev. Fr. Louis Illa, and all the members of Ideato Union Ireland and Otu-Umunna club of Ireland/UK – Daluooh, nmadu ka eji aka. To all the participants that were interviewed for this project and those who indicated interest but were not chosen due to the limited number required, I thank you all. iv Abstract The purpose of this study was to appraise the efficacy of law and its enforcement in changing peoples’ perceptions and attitudes toward domestic violence and raising awareness about it. The study explored the role of legal regulation and enforcement in tackling domestic violence by investigating how its regulation and enforcement in Ireland impacted on the Nigerian immigrants’ perceptions and attitudes toward it. It queries if both jurisdictions are protecting human rights adequately within their domains. The universal theory of human rights and the feminist legal theory were used to guide the claim of this thesis that cultural, traditional and religious beliefs and practices in Nigeria impede the understanding of domestic violence, encourage the behaviour and hinder the enacting of emancipatory human rights laws in the country. The study employed a qualitative method of enquiry within a socio-legal approach to obtain empirical data through a semi-structured interview of ten (10) participants. The participants were selected through a heterogeneous or maximum variation sampling technique. The data were analysed using an Interpretative Phenomenological Analysis (IPA) method. The study found that legal regulation and enforcement are efficacious in changing perceptions and attitudes toward domestic violence. All the participants (100%) affirmed change of their perceptions and attitudes toward domestic violence since taking up residence in Ireland. The study equally revealed that domestic violence awareness campaign in Ireland as well as law and its effective enforcement contributed in increasing the participants’ knowledge and understanding of domestic violence. The participants affirmed that the legal process in Ireland, especially regarding access to justice and enforcement of laws is more protective of peoples’ human rights than the process in Nigeria. The findings also revealed that Nigerian immigrants in Ireland are supportive of reporting incidences of domestic violence to the authorities. Thus, the findings imply that law is effectual in transforming peoples’ perceptions and attitudes toward domestic violence. Consequently, the study recommends adopting a legal approach to tackling domestic violence. In addition, the study calls on the Nigerian Government (both v State and Federal) to ensure the Federal law against domestic violence (VAPP Act 2015) has a nationwide applicability. vi Table of Contents Declaration ...................................................................................................................................... i Dedication ...................................................................................................................................... ii Acknowledgments ......................................................................................................................... iii Abstract .......................................................................................................................................... v Table of Contents ......................................................................................................................... vii List of Figures ............................................................................................................................... xii List of Tables ............................................................................................................................... xiii List of cases ................................................................................................................................. xiv List of Acronyms .......................................................................................................................... xix Chapter 1 ....................................................................................................................................... 2 Introduction and background to the study ................................................................................... 2 Section One ................................................................................................................................... 3 1.0 Introduction and background to the study ......................................................................... 3 1.1 Rationale, Motivation and Statement of the Problem ....................................................... 6 1.2 Aims and Objectives .......................................................................................................... 11 1.3 Research Questions .......................................................................................................... 12 1.4 Scope and Significance of the study ................................................................................. 12 1.5 Sources of Materials ......................................................................................................... 14 1.6 Methodological Overview ................................................................................................. 14 1.7 Thesis Structure and Chapter Overview ........................................................................... 15 Section Two ................................................................................................................................. 16 1.8 Introduction ...................................................................................................................... 16 1.9 Feminism and Feminist Legal Theory ................................................................................ 19 1.9.1 First Wave
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