Section 282 of the Northern Nigeria Penal Code and section 357 of the Criminal Code exempts perpetrators of rape within marriage from punishment.
In its second and third periodic reports to CEDAW, Nigeria stated:
“In a traditional setting, spousal rape is inconceivable. Under Nigerian Laws in both section 357 of the Criminal Code and section 282 of the Penal Code, a husband cannot be charged with marital rape. Once the marriage is subsisting and the wife has attained puberty then any sexual intercourse with her is never rape.
Source of Information
"Gender-based violence laws in sub-saharan Africa" p. 21 ; Branda, F (2008) Project on a Mechanism to Address Laws that Discriminate Against Women" commissioned by the OHCHR. p. 87