The Lagos State Government has issued a strong warning to husbands who force their wives to have sex without their consent, saying such conduct could lead to prosecution and a maximum sentence of life imprisonment under Lagos State law.

The warning was issued by the Director of Public Prosecutions (DPP) of the Lagos State Ministry of Justice, Dr. Babajide Martins, during the commencement of the state’s Domestic and Sexual Violence Awareness Month.

Speaking during a question-and-answer session, Martins was asked whether a married woman could take legal action against her husband for having sexual intercourse with her without her consent.

He explained that although forced sex within marriage is not prosecuted as rape under the relevant Nigerian legal provision, Lagos State law provides another offence sexual assault by penetration which carries a maximum punishment of life imprisonment.

Marriage does not mean automatic consent

According to the DPP, being married does not give a husband an unrestricted right to force his wife into sexual relations.

He specifically warned against the belief that a man acquires such a right simply because he paid his wife’s dowry.

“Any man that feels because he paid his wife’s dowry, nobody can challenge him for domestic violence, the wife should report such a man to the Domestic and Sexual Violence Agency.”

Martins said that where a wife has refused sexual intercourse, her husband cannot simply use force to override that refusal. In such circumstances, the matter could be prosecuted as sexual assault by penetration rather than rape.

What does the law actually say?

The distinction is important.

Section 259 of the Criminal Law of Lagos State provides that a person who sexually penetrates another person without that person’s consent commits a felony and is liable to imprisonment for life. The law also defines consent as agreement by choice, where the person has the freedom and capacity to make and communicate that choice.

Section 263 further provides that causing another person to engage in sexual activity without consent is an offence, with penetration carrying a life-imprisonment penalty.

Therefore, the fact that two people are married does not simply erase the issue of consent under these provisions.

A message that goes beyond the courtroom

The DPP’s warning also touches on a deeply rooted cultural belief that marriage automatically gives a husband sexual entitlement to his wife.

But consent remains important within intimate relationships. Being someone’s husband or wife does not mean that either person loses the right to say no.

For women experiencing domestic or sexual violence, the Lagos State Government urged them to report such incidents to the Domestic and Sexual Violence Agency (DSVA) for appropriate action.

The warning is particularly significant because many cases of domestic and sexual violence go unreported, often because of fear, financial dependence, family pressure or the belief that marital status prevents legal action.

A conversation about consent

The Lagos DPP’s statement is therefore more than a warning about possible punishment. It is also a reminder that marriage should not be understood as permanent or automatic consent to sexual activity.

A husband may ask his wife for sex. A wife may agree or decline. If she refuses, that refusal cannot simply be overcome through force.

And for couples, the broader message is simple: consent, communication and respect remain essential, even within marriage.