Re X, Y, Z ((Children) Summary Return to Nigeria)

Oba Nsugbe KC, SAN was instructed by the parties as the single joint expert on Nigerian law. His evidence was described by the court as “helpful and clear”.

His report summarised the Nigerian proceedings which took place from November 2023. He described the Nigerian Violence Against Persons (Prohibition) Act 2015 as being the equivalent of the UK Domestic Abuse Act 2021 and summarised its provisions and effect. He explained that under this Act, the Nigerian Court could make orders to protect victims of domestic abuse and to protect children in their best interests.

He stated that: “In very general terms the reliability and enforceability of protective orders will be more efficient and reliable in England and Wales than in Nigeria.” But he notes the Nigeria domestic abuse legislation provides for an automatic power of arrest on the issuance of a protective order. He concluded that:

a. Protective orders can be obtained in Abuja State;

b. Orders of the English courts, save adoption, are not enforceable;

c. Some protection will be offered in Nigeria through court orders depending on the particular circumstances of the case.

Click here to read the full judgment.