Cultural Resistance and the Law

Assessing the Implementation of the Violence Against Persons (Prohibition) Act in Osun State

Abstract

This study critically examined the implementation of the Violence Against Persons Prohibition Act (VAPPA) of 2015, focusing on how cultural resistance weakened its effectiveness. The implementation and domestication in 2021 in Osun State marked a new era in combating Gender Based Violence and Violence Against Persons. Despite its domestication, several factors have hindered its efforts and success, including entrenched institutional limitations, socio-cultural norms, and patriarchal traditions. The study used a qualitative desk review, drawing on secondary sources —including policy documents, media reports, and scholarly literature —to explore the relationship between law and culture in shaping GBV responses. The theory of Legal Pluralism was adopted to examine the intersection or relationship between law and cultural resistance, and it recognises the coexistence of different legal systems within a single government or system. Statutory law is recognised and operates alongside religious and customary laws, but conflicts with government authority when it seeks harmful cultural practices and norms through its formal legislation and implementation. Findings from the study reveal that, despite their awareness of these harmful traditional norms and practices, religious and traditional leaders continue to resolve domestic issues through customary practices that contradict government policy and legal provisions. The implications of this are that many survivors face limited access to justice, inadequate support services, and stigma. The law enforcement agency has limited training and awareness, and its campaign efforts for VAPPA remain low, especially in rural communities where its prevalence is high. Compared with other states in Nigeria, Osun State lags in its institutional and domestication coordination. The study highlighted that culturally sensitive, diverse traditional strategies needed to be integrated with legal provisions to promote restorative justice and a sane society. The study recommended that both religious and traditional leaders must be familiar with the legal provisions, that indigenous research be conducted on deeply harmful cultural practices, and that gender studies be incorporated into formal education. Government policy must be rooted in community engagement and dialogue to create meaningful and accessible justice for all amid cultural drift.