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EFFECTS OF FEMALE GENITAL MUTILATION IN NIGERIA: ANY LEGAL REMEDIES?* 

 

Abstract 

Female genital mutilation is another form of sexual politics. FGM is recognized internationally as a violation of 

the human rights of girl child. It reflects deep-rooted inequality between the sexes, and constitutes an extreme 

form of discrimination against women. Given these backdrops, this study became a prerequisite task to critically 

explore the malaises and legal prospects vis-à-vis the status of female genital mutilation in Nigeria. The objectives 

of this study were to appraise the legal status and effects of FGM as human rights violation that prevents girls 

from enjoying optimal health. It was also to examine the challenges faced by the girl child and to proffer the way-

forward to curbing the menace of FGM in the Nigerian society. The research design and methodology was 

doctrinal approach, using analytical and descriptive research methodology. The main sources of data collection 

were various legal documents and materials, both from the library and internet, and covering the primary sources 

and the secondary sources. For the summary of findings, it was submitted among others that the term FGM is 

common all over the third world countries and has inflicted dangerous and devastating effects on young girls who 

are compelled to undergo this dehumanizing and painful cutting of their genitals. It was further observed that 

FGM is driven by superstitious belief and has many effects on girls' health which included increased risk of 

infections, cervical cancer, death during childbirth, and obstetric fistulas. Moving from the prevailing 

cankerworms, the study rested its prospect on the law as the leeway to the malaises. That is to say, the necessity 

for the enforcement of the fundamental rights provided under chapter 4 of the Constitution of the Federal Republic 

of Nigeria, 1999, as amended cannot be overemphasized. Accordingly, it was therefore recommended among 

others that all perpetrators, violators, and supporters of FGM should be sanctioned by enacting relevant law to 

that effect, prosecution, and enforcement of fundamental rights. This study was tailored to have significant to civil 

societies, human right lawyers, judges, legislators, traditional aficionados, and every stakeholder in relation to 

FGM. 

 

Keywords: Child, female, Genital, Mutilation, Cutting, Legal, Human Rights, Medical, Social, Psychological, 

Prospects.   

 

1. Preamble 

Female genital mutilation (FGM), also known as female circumcision or female genital cutting, is another form 

of sexual politics in Nigeria. It is defined by the World Health Organization (WHO) as all procedures involving 

partial or total removal of the external female genitalia or other injury to the female genital organs for non-medical 

reasons.11 Dirie narrated the plight of a girl thus ‘Mama tied a blindfold over my eyes. The next thing I felt my 

flesh was being cut away. I heard the blade sawing back and forth through my skin. The pain between my legs 

was so intense I wished I would die’2 The WHO estimates that 140 million women and girls around the world 

have experienced the procedure.3 It is estimated that approximately 100-140 million African women have 

undergone FGM worldwide and each year, a further 3 million girls are estimated to be at risk of the practice in 

Africa alone.4  FGM is typically carried out between the ages of four and ten, usually by a traditional circumciser 

using a knife, razor or scissors, scalpels, pieces of glass and no anesthesia, often iodine or a mixture of herbs is 

placed on the wound to tighten the vagina and stop the bleeding, although wealthier families may have it 

performed in a hospital. The practice is rooted in gender inequality, cultural identity, ideas about purity, modesty, 

aesthetics and honour, and attempts to control women's sexuality by reducing their sexual appetite, thereby 

promoting chastity and fidelity5.  

 

2. Female Genital Mutilation and Inspections for Virginity 

 

The Nature and Practice 

Circumcision is basically the process of removing the foreskin of the genital organ for hygienic. Circumcision is 

generally referred to the male sex. This is because it is restricted to the removal of the foreskin that covers the tip 

                                                           
*By Patricia Chinwe ILOKA, BAEd, LLB, BL, LLM, PhD, Lecturer, Department of Private and Public Law, Faculty of 

Law, Chukwuemeka Odumegwu Ojukwu University, Anambra State, Nigeria. Phone No: 08035696281. Email: 

cp.iloka@coou.edu.ng and Chypat4@gmail.com. 
1W Dirie, ‘Safeguarding Rights and Dignity’ Online Database <www.forwarduk.org.uk/key.issues/fgm> accessed on 10th 

September, 2021.  
2Ibid. 
3 H Sumaye, ‘Female Genital Mutilation’ Online Database <http//wkipaedia.org/wiki/female-genitalmutilation> accessed on 

10th September, 2021. 
4 Dirie (n1). 
5M Smith and J Segal, ‘Domestic Violence and Abuse: Signs of Abuse and Abusive Relation’ Online Database 

<http://google.com-domesticviolence-fsnic8237...> accessed on 20th October, 2021. 

 

  

http://en.wikipedia.org/wiki/Anaesthesia
http://en.wikipedia.org/wiki/Chastity
http://en.wikipedia.org/wiki/Fidelity
mailto:cp.iloka@coou.edu.ng
mailto:Chypat4@gmail.com
http://www.forwarduk.org.uk/key.issues/fgm


ILOKA: Effects of Female Genital Mutilation in Nigeria: Any Legal Remedies? 

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of the penis. This is done at infancy of a boy child because adult male can hardly bare the excruciating pains in 

the circumcision process. It can be done traditionally or in formal health centre. However, female circumcision 

on the other hand is basically referred to as female genital mutilation. This is because it serves different purpose 

from circumcision which is for hygienic purposes, but it is rather for deprivation of sexual pleasures in order to 

check female promiscuity. According to Arinze-Umobi, the word ‘[M]utilate’ means to severely and violently 

damage someone’s body or change something so much that it is completely ruined.6 Female, on the other hand, 

means belonging to the sex that can have babies, or produce eggs,7 while the word genital refers to sex organs. 

FGM is a violent damage caused to the outer sex organs of a group of people that can bear children, or produce 

eggs.8 The most severe form of FGM is when all external genitalia are removed and the vaginal opening is stitched 

nearly closed.9 This act is carried out at a very young age, and violates the right to life,10 the right to dignity of 

human person, the right to health, private and family life.11 Female genital mutilation (FGM) involves part or total 

removal of the external female genitalia or other injury to the female genital organs for non-medical reasons.12 

FGM is a practice is mostly in secrecy, uncertainty, and confusion.13 The origin of FGM is fraught with 

controversies either as an initiation ceremony of young girls into womanhood or to ensure virginity and curb 

promiscuity, or to protect female modesty and chastity. Girls usually undergo the FGM without their consent, 

depriving them of opportunity to make independent decision about their bodies.14 It is a culture in some 

communities to carry out obligatory inspections for virginity on the female sex. This practice is discriminatory 

and manifests high level of sexual politics. The issue for concern is the inference drawn from this practice which 

is done only to female folk and not to both sexes. Also, it can be inferred that only men have the right to enjoy 

sex and be promiscuous. On the other hand, it implies that females are merely used as sex object and for male’s 

sexual satisfaction. Dirie15 narrated the plight of a girl thus: [M]ama tied a blindfold over my eyes. I felt my flesh 

was being cut away. I heard the blade sawing back and forth through my skin. The pain between my legs was so 

intense I wished I would die. WHO estimates that 140 million women and girls have experienced the procedure.16 

It is estimated that in the past five decades, approximately 100-140 million African women have undergone FGM 

and each year, a further 3 million girls are estimated to be at risk of the practice in Africa alone.17 

 

The practice is rooted in gender inequality, cultural identity, ideas about purity, modesty, aesthetics and honour, 

attempts to control women sexuality by reducing their sexual desires, thereby promoting chastity and fidelity.18 

FGM is recognized internationally as a violation of the human rights of women and it violates a person’s rights to 

health, torture and the right to life when the procedure results in death.19 It has several immediate and long-term 

health consequences, in respect of difficulties in childbirth while being injurious also to the child.20 FGM may 

involve cutting out all or part of the clitoris, the labia majora21 and/or minora,22 and stitching the labia together so 

as to narrow the opening.23 

 

Historical Background of Female Genital Mutilation 
FGM is a practice whose origin and significance is shrouded in secrecy, uncertainty, and confusion.24 The origin 

of FGM is fraught with controversy either as an initiation ceremony of young girls into womanhood or to ensure 

                                                           
6 P Longman, Dictionary of Contemporary (8thedn, West Publishing Company, 2004) 178. 
7‘Female Genital Cutting Fact Sheet’ Online Database <http//www.womenshealth.gov/publications/our-publications/facts-

shee> accessed on 28th August, 2020. 
8 CFRN, s. 34. 
9 Ibid, s. 37. 
10 CFRN, s 33; A Odoi, ‘Female Genital Mutilation’ In E Kwawukume (Ed), Comprehension Gynecology in the Tropics (Accra 

Graphics, 2005) 2. 
11 CFRN, s 37 
12 Dirie (n1). 
13 J Mertus, Local Global Change (Uniform Publishers 1999) 28. 
14 B Derek, Human Sexuality in Fundamentals of Obstetrics and Gynaecology (Alden Press, 1986) 91. 
15 Dirie (n1). 
16World Health Organization, ‘Female genital Mutilation’ Online Database <http://www.who.int 

/topics/femalegenitalmutilation/en/> accessed on 10th September 2020. 
17 Ibid. 
18M Smith and J Segal, ‘Domestic Violence and Abuse: Signs of Abuse and Abusive Relation’ Online Database 

<http://google.com-domesticviolence-fsnic8237..> accessed on 20th May, 2021. 
19 Ibid. 
20 Ibid. 
21Around the opening of the vagina, there are 2 sets of skin folds. The inner set, called the labia minora, are small and hairless. 

The outer set, the labia majora, are larger, with hair on the outer surface. (Labia is Latin for lips.) 
22 Ibid. 
23Medi Lexicon International, ‘Medical New Study’ Online Database <http://www.medicalnewstudy.com/articles 

/24172.php.> accessed 19th September, 2020 
24 A Odoi, ‘Female Genital Mutalatin’ In E Kwawukume (Ed), Comprehension Gynaecology in the Tropics (Accra Graphics 

2005) 2. 



 African Customary and Religious Law Review 1 (2020) 

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virginity and curb promiscuity, or to protect female modesty and chastity.25  It may also have sprang from a hidden 

patriarchal misdeed targeted to debase womanhood and turn them into a log of wood that has no feelings and no 

sexual urge just for sexual satisfaction and enjoyment of the male folk. The women’s bodies are cut into pieces 

just to reduce them into sex object to procreate, nurse babies and perform domestic chores which are never 

remunerated. The tightening of the vagina in the process of infibulations and the forceful entry of the penis during 

sexual intercourse is just for the husband’s pleasure. The painful intercourse and delayed labour due to the tight 

vagina is simply at the detriment of the wife and unborn child with many health hazards. The ritual has been so 

widespread that it could not have risen from a single origin. 

 

Classification of Female Genital Mutilation 

Basically, female genital mutilation is classified into types as follows: 

Type 1 – Clitoridectomy: Partial or total removal of the clitoris. 

Type 2 – Excision: Removal of the clitoris and the labia minora (the inner vaginal lips). 

Type 3 –Infibulations: It is excision or removal of all the external genitalia (clitoris, labia minora and labia 

majora),26 and the stitching or narrowing of the vaginal opening to allow the flow of menstrual blood 

and urine; the stitches are removed when the girl is married with very strong surgical scissors.27 

Type 4 –There is also the miscellaneous and introduction of corrosive substance into the vagina.28 Arize-Umobi 

observed another form of FGM as gradual dropping of hot water on the clitoris and the general area of 

the female vulva, so that the sensitivity of that area is gradually killed or waned.29 

 

Health Consequences of Female Genital Mutilation 
FGM causes both short-term and long-term health problems. In most cases, it causes complications in pregnancy. 

Also, it may lead to psychological and emotional stress, and frigidity. The female may withdraw, or exhibiting 

the tendency of marital disharmony with her husband.30 Short term health problems of FGM include bleeding or 

haemorrhaging, infection from the wound can develop into an abscess (a collection of pus), also the girl can get 

fever, sepsis (a blood infection), shock, and even die, if the infection is not treated. Physically or psychologically 

traumatic, as well as pains, from routinely cut genital without first being numbed or having anaesthesia, tends to 

occur the day after, when the girl have to urinate onto the wound.31 On the other hand, the long term complications 

are not limited to extensive damage of the external reproductive system or the uterus, vaginal, and pelvic 

infections. it is not also limited to resulting in cysts and neuromas, increased risk of vesico vaginal fistula, 

complications in pregnancy and child birth, indelible psychological marks, sexual dysfunction and dissatisfaction, 

difficulties in menstruation and the cramps. It goes beyond effects on the victim to the society both the immediate 

and global society. 

 

3. Analysis of Rationale Proffered for the Practice of FGM 

There are many reasons FGM is practiced, including social, economic and political reasons. Those who support 

FGM believe that it will empower their daughters, ensure the girls get married, and protect the family’s good 

name. In some group FGM is performed to show a girl’s growth into womanhood and, in some community, marks 

the girl’s sexual debut. It is also performed to keep a woman’s virginity by limiting her sexual behaviour. FGM 

is believed by those who practice it to limit a woman’s sexual desire. In some group women who are not cut are 

viewed as dirty and are treated badly. While FGM predates both Christianity and Islam, religion is also used to 

promote the practice. Some communities believe that in order to be good Muslims, parents must have their 

daughters cut. FGM is part of a community’s tradition. Most parents who support FGM believe they are protecting 

their daughter’s future marriage prospects, and not hurting her. It is seen by parents as part of a girl’s upbringing. 

Mothers chose to subject their daughters to the practice to protect them from being ostracized, beaten, shunned, 

or disgraced. FGM is due to several factors, and often a combination of them, including those of a religious, social 

and cultural nature. There are also many superstitions about FGM, such as: 

                                                           
25 Ibid. 
26 Around the opening of the vagina, there are 2 sets of skin folds. The inner set, called the labia minora, are small and hairless. 

The outer set, the labia majora, are larger, with hair on the outer surface. (Labia is Latin for lips.) 
27 L Hanny, ‘The Sexual Experience and Marital Adjustment of Genitally Circumcised and Infibulated Females’ [1989] (26) 

(3) Journal of 800 Research, 375. 
28 T C Okeke et al, ‘Female Genital Mutilation’ Online Database <http://www.ncb.n/m.nih.gov/pinc /articles/pmc3503121/> 

accessed on 10th September, 2020. 
29 C Arinze-Umobi, Domestic Violence against Women in Nigeria: A Legal Anatomy (Folmech Publishers, 2011) 72; also see: 

R Heitman, ‘Female Genital Mutilation’ Online Database <http://wolvesdreams.tripod.com/FGM.html> accessed on 28th 

August, 2021. 
30C Ezobi, ‘Breaking the Culture of Female Circumcision’ Online Database <www.thidaylive.com/articles/breaking-th-

c...2015003444> accessed on 14th November, 2020. 
31 M Thiel, Introducing Queer Theory in International Relations (Miami & Research Associate, 2018) 88 – 89. 

http://www.forwarduk.org.uk/key-issues/fistula/definitions


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i. In most FGM societies, one important belief is that this procedure will reduce a woman’s desire for sex and 

in so doing will reduce the chance of sex outside the marriage. This is vital to this society as her honour for 

the family is dependent on her not to be opened up prior to marriage. 

ii. Some view the clitoris and the labia as male parts on a female body, thus removal of these parts enhances 

the femininity of the girl. 

iii. It is also believed that unless a female has undergone this procedure she is unclean and will not be allowed 

to handle food or water. 

iv. Some groups believe that if the clitoris touches a man’s penis the man will die. As well as the belief that if 

a baby’s head touches the clitoris that the baby will die or the breast milk will be poisonous. 

v. The belief that an unmutilated cannot conceive, therefore the female should be mutilated in order to become 

fertile. 

vi. Bad genital odour can only be eliminated by removing the clitoris and labia minoria. 

vii. FGM prevents vaginal cancer. 

viii.  An unmodified clitoris can lead to masturbation or lesbianism. 

ix. Prevents nervousness from developing in girls and women. 

x.  Prevents the face from turning yellow. 

xi.  Makes a woman’s face more beautiful. 

xii.  Older men may not be able to match their wives sex drive. 

xiii.   Intact clitoris will generate sexual arousal and in women if repressed can cause nervousness. 

xiv.  The clitoris will continue to grow as a girl gets older and so it must be removed. 

xv. The external genitalia are unclean and can actually cause the death of an infant during delivery.32 

xvi.  FGM is often considered a necessary part of raising a girl properly, and a way to prepare her for adulthood 

and marriage.  

xvii.  FGM is often motivated by beliefs about what is considered proper sexual behaviour, linking procedures 

to premarital virginity and marital fidelity. FGM is in many communities believed to reduce a woman's 

libido and therefore believed to help her resist illicit sexual acts. When a vaginal opening is covered or 

narrowed (type 3 above), the fear of the pain of opening it, and the fear that this will be found out, is 

expected to further discourage illicit sexual intercourse among women with this type of FGM.  

xviii. FGM is associated with cultural ideals of femininity and modesty, which include the notion that girls are 

clean and beautiful after removal of body parts that are considered male or unclean.33  

xix. The clitoris is a cap of prostitution which vagina wears from heaven, if we do not clip the clitoris young, it 

is going to be asking for great sacrifices from the penis when it grows up; 

xx.  The fortune gathered by penis is taken up by the vagina;  

xxi. An uncircumcised woman is not to be respected; 

xxii. And as the penis grows, so does the clitoris.34 

 

In countries where Muslims practices FGM, they can justify it in the words of the Prophet Mohammed, in these 

two controversial sayings that are found in the Sunnah (words and actions of Mohammed).  A discussion was 

recorded between Mohammed and Um Habibah or (Um Alyyah) a woman performed infibulations on slaves. She 

said that she will continue the procedure unless it is forbidden and you order me to stop doing it. He replied 

according to one translation. Yes it is allowed, come closer so that I can teach you: if you cut, do not overdo it, 

because it brings more radiant to the face and it is more pleasant for the husband. Mohammed is recorded as 

speaking of the Sunna circumcision to Ansar’s wives saying ‘cutting slightly without exaggeration because it is 

more pleasant for your husbands’.  Women’s bodies are cut into pieces just for men’s sexual enjoyment and to 

reduce or eliminate a woman’s pleasure during the act. This is man’s inhumanity to man and it is the greatest 

highest sexual politics ever meted to women folk. The above passages are regarded to have little credibility or 

authenticity with the Muslim religion and is contradiction in the Qur’an: God apparently created the clitoris for 

the sole purpose of generating pleasure. It has no other purpose. There no instruction in the Qurán or in the writings 

of Prophet Mohammed which require that the clitoris be surgically modified. Thus God must approve of its 

presence. And also it should not be removed or reduced in size or function. The Qurán promotes the concept of a 

wife being given pleasure by her husband during sexual intercourse. Mutilated genitalia reduce or eliminate a 

woman’s pleasure during the act.35 

 

Other reasons for the practice include various myths citing the clitoris as dangerous, able to poison a woman's 

breast milk if her baby touches it during birth, cause excess cranial fluid in babies, and harm a man if his penis 

touches it. Aesthetically, female genitalia are regarded by communities that practice FGM as dirty and ugly; they 

                                                           
32R Heitman, ‘Female Genital Mutilation’ Online Database <http://wolvesdreams.tripod.com/FGM.html> accessed on 28th 

August, 2021. 
33 World Health Organization (n16).  
34 IAC, Female Genital Mutilation in Nigeria (University Press, 2000) 10. 
35 Heitman (n32). 



 African Customary and Religious Law Review 1 (2020) 

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prefer women's genitalia to be flat, rigid and dry.36 The procedure and its rituals offer its practitioners a way to 

identify with their local culture, thereby promoting social cohesion. Type III FGM also guarantees virginity and 

encourages chastity and fidelity, because of the pain associated with sex and the difficulty of undoing an 

infibulations without being discovered.  These proverbs demonstrate the deeply ingrained perceptions about 

clitoris and its threat to male dominance. It perceived as a rival to penis, and the only way which the rivalry can 

be checked, so it seems in a patriarchal society like Nigeria, is to cut it off. F.G.M is performed in order to reduce 

libido among women37. It is important at this point to make a clear distinction between male circumcision and 

female genital mutilation. While circumcision in males does not result in any impairment of sexual function, 

F.G.M is carefully designed and aimed at physical removal of the features, which are essential to sexual function 

and pleasure. Male circumcision beautifies the organ, thus improving the aesthetic value, making it more pleasant 

to behold, F.G.M terminates life and sensitivity out of the entire organ, reduces the victim to a mere log of wood 

and in doing this, exterminates the sexual libido of a woman. This practice violates a woman’s right to life, bodily 

integrity, health and sexuality. It is also in correcting the erroneous impression about the F.G.M and male 

circumcision, the initial discourse about the anatomical composition in males, females as well as sexual responses 

help to clear the issues and medically establish the need to totally eradicate F.G.M.38 

 

4. Justification for Need to Eradicate Female Genital Mutilation    
Medical Jurisprudence has established that circumcision, which may be the oldest form of surgery, is a practice 

medically unwarranted. This is so because it has no significant physiological benefits and is performed without 

anesthesia, leaving the victims with wounds in which urinary salts, burns, carry a significant risk of complication 

including death, or severe deformity, bleeding, infections, urinary retention, and tetanus infections regarded as 

short term consequences, while keloid formations, pelvic inflammation, H.I.V infections and AIDS , clitoris 

neuronal,   vesico-vaginal fistulae, recto-vaginal fistulae problem such as neurosis, as long term effects39.  Derek40 

had maintained that sexually responses in women and men are arbitrarily divided into four phases (a) Excitement, 

(b) Plateau, (c) Organism (d) resolution. The stimuli for the excitement phases tend to form a pattern to each 

peculiar individual. Visual stimuli are said to be more potent for men than for women. Women are said to be 

stimulated more by psychological and tactile stimuli, as the excitement stage tend to be longer in women than in 

men, before the plateau phrase is reached. During the excitement, the breast responds by erection of nipples, 

tumescence of the areolae and increase in the mammary size due to congestion of the capillary plexus. 

Simultaneously¸ the clitoris increases in width and the Labia minora becomes softer and thicker from passive 

venous congestion. The degree of clitoral and labia responds vary from woman to woman, according to Derek. 

The excitement phases, the pelvic tissue including the vaginal sub-mucosa become congested. The pleasure of the 

excitement phases is intensified in both sexes if the couple pleasures each other sexually. This is called foreplay, 

but more professionally called mutual pleasuring, which involves cuddling and body contact, made up of stroking 

and body exploration with fingers, tongue, lips and thighs. This involves specific stimulations of each other’s 

erotic zones by fingers, lips or tongue; in a woman, her breast and clitoral area, but in a man, his penis, scrotum 

and anal area. Mutual pleasure is a learning experience and has no set formula. Each partner’s needs and desires 

are unique, and each has to discover what turns the others partner to the greatest extent. The woman reaches the 

plateau stage when she is desirous of having the man’s penis contained in her moist vagina. This penile movement 

stimulates the clitoral area, as well as the vagina, and brings the woman to orgasmic phase. However it may be 

that the male orgasm occurs too rapidly, and the woman fails to achieve orgasm. In this event, unless an orgasm 

is induced by the man stimulating her clitoral area, her sexual tension may not be relieved as posited by Derek41. 

An orgasm is triggered off by clitoral stimulatory impulses being relayed to the lumber spine where a reflex 

mechanism occurs. The reflex is under the control of psychic influences which can be facilitating or inhibitory, 

the later leading to a failure in orgasm42.  Derek went on to posit that many women experience orgasm only after 

digital stimulation of the clitoral area, or from cunnilingus. In women, general sexual dysfunction or lowered drive 

differs substantially from that of her partner. In a woman, this may be more marked because of the woman’s 

genital morphology. 

 

A woman with a low sexual drive can accommodate her man’s high sexual drive, by accepting, but not obtaining 

the full pleasure of sexual intercourse. But in a reverse situation, she may become increasingly frustrated, as an 

erect penis is necessary for vaginal intercourse, and a willing interested partner is needed for clitoral or other 

stimulation. All forms of sexual inadequacies can lead to disharmony, to depression, or to variety of 

                                                           
36Centers for Disease Control and Prevention CDC, ‘Sexual Violence’ Online Database 

<http://www.cdc.gov/violenceprevention/sexual violence/index.html> accessed on 4th October, 2021. 
37Ezobi, C. ‘Breaking the Culture of Female Circumcision’ Online Database <www.thidaylive. com/articles/ breaking-th-

c..2015003444> accessed on 14th November, 2020. 
38 C Arinze-Umobi, Domestic Violence against Women in Nigeria: A Legal Anatomy (Folmech Publishers, 2011) 74. 
39 J Mertus, Local Action Global Change (Uniform, 1999) 28. 
40 B Derek, Human Sexuality in Fundamentals of Obstetrics and Gynaecology (Alden Press, 1986) 91. 
41 Ibid. 
42 Ibid. 



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psychosomatic disorders and in this case a woman may fake sexual enjoyment including orgasm to please her 

partner. The clitoral is the homologue of the penis and is a small structure almost hidden by the fore parts of the 

labia major. The clitoris consists of erective tissues richly supplied with nerves, which make it the most erotically 

sensitive part of the vulva. Also the female perineum is richly endowed with nerves and vessels, carrying blood 

supply to that part of the body.43 It is a gainsaying that a disruption of the structure of this female perineum in any 

form would cause inadequate supply of blood to this part of the body, thus causing numbness, and lack of feeling 

in the area, as would happen to peripheral areas when blood supply is disrupted. Simultaneously, the penis is also 

not without rich blood supply through the numerous blood vessels, nerves as endowed by nature.44 The natural 

essences of this are to make it as sensitive as the clitoris in a woman. A cut of the clitoris means exactly the same 

and in equal proportion to a cut of penis. The network of blood vessels and nerves are self-explanatory, as 

supported by the Latin maxim Res Ipsa loquitur and this has led to a very serious warning by Grant that all the 

tissues of the vulva are extremely vascular, so that even a minor operation in that area should not be attempted 

except in well-equipped surroundings.45 

 

The need to go into the different levels of sexual response both in males and females did not arise as a result of 

unnecessary curiosity or adventure into concupiscence. This has helped to expose the need for a clear and perfect 

understanding of the arrangement of the entire sexual system by God Almighty, in order that utmost sexual 

pleasure and planned maternal arrangements are derived by both males and females. This is why the little medical 

exposure about the organs, their functions, and placements comes in timorously, to helps us understand the acute 

danger to which females are exposed in FGM, and there appears to be little or no appreciation of the medical 

dangers involved., both immediate and remote, afore mentioned, the medical basis for eradication of F.G.M 

becomes absolutely justified and desired.46 Having understood the blood vessels in their complicated arrangement 

designed for perfection, and bearing in mind the warning of Grant J. in relation to even a very minor surgery in 

that area, what would therefore agitate the minds of right thinking person is why some people would want to 

disrupt what nature had perfectly arranged for optimum utility; why most women must not be allowed by society 

to live and enjoy their full-blossomed sex life, and allowed to arrange their maternity to suit their desire positions 

in their lives, and not mutilated by society on ordeal to keep them under check.47 For a while, this good act of 

protecting the woman by societal patriarchal values and norms, for patriarchy and effects are ingrained, there is 

no corresponding ‘good act’ by women in order to check the males. The societies rather allow men these 

unimagined and unlimited degrees of sexual jamboree, hanging their justification on the mundane maxim that has 

no basis that African men are polygamous and gregarious by nature. This act of protecting the women of course 

is nothing but a mere patriarchy benevolence, which has nothing at its  base except to continuously put women in  

a position of perpetual servitude/slavery, and objects to be used and dropped at will. F.G.M in any form is the 

greatest injustice and cruelty meted out to women by the society and the damage is irreparable.48 

 

5. The Way Forward Towards Eradication of FGM 

Sections 33, and 34 (1)49 of the Constitution of the Federal Republic of Nigeria 1999 fall directly within chapter 

four clearly headed Fundamental Rights, in which certain rights are guaranteed to all citizens of Nigeria is against 

FGM and it establishes the legal authority upon which this argument of eradication of Female Genital Mutilation, 

is predicted, and not just a mere wild goose chase. Thus section 3350 stipulates that: Every person has a right to 

life, and no one shall be deprived intentionally of his save in the execution of the sentences of a court in respect 

of a criminal offence of which he has been found guilty in Nigeria.  Section 33(2)51 states the situation in which a 

person shall not be regarded as having been deprived of his life. It states as follows: 

A person shall not be regarded as having been deprived of his life in contravention of this 

section, if he dies as a result of the use, to such extent and in such circumstances as are 

permitted by law, of such force as is reasonably necessary- 

(a) for the defense of any person from unlawful violence or for the defense  of property; 

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; 

or 

(c) for the purpose of suppressing a riot, insurrection or mutiny. 

                                                           
43 R Mead, ‘Sexual Politics and the Feminist Work that remains Undone’ Online Database <www. marxist.org.subjectwoman-

authors-millet-katesexualpoliticsnewyorker.com/books/page-turner> accessed on 27th May, 2021. 
44 Ibid. 
45T Okeke, et al, ‘Female Genital Mutilation’ Online Database <http://www.ncb.n/m.nih.gov /pinc /articles/pmc3503121/> 

accessed on 10th September, 2020. 
46 G Buga, ‘Sexual Behaviour, Contraceptive Practice and Reproductive Health among School Adolescents in Rural Transkei, 

[2011] (86) South African Medical Journal, 523. 
47 Ibid. 
48 C Arinze-Umobi (n38) 65. 
49 Constitution of Federal Republic of Nigeria, 1999, as amended. 
50 Ibid.  
51 Ibid. 



 African Customary and Religious Law Review 1 (2020) 

Page | 85  
 

 

Obviously these exceptions did not include the offences of being a woman, and consequently subject to F.G.M. 

Also section 34 (1) (a) 52 holds that: Every individual is entitled to respect for the dignity of his person and 

accordingly, (a) no person shall be subjected to torture or to inhuman or degrading treatment.     

 

Again, African Chapter on Human and Peoples Rights which has become part of our domestic law guarantees and 

states ‘Human beings are inviolable. Every human being shall be entitled to the respect for his life and the integrity 

of his person. No one may be arbitrarily deprived of this right’.53 It also states 

Every individual shall have the right to the respect of the dignity inherent in a human being 

and to the recognition of his legal status. All forms of exploitation degradation of man, 

particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and 

treatment shall be prohibited.54 

 

Furthermore the Convention against Torture and other Cruel, Inhuman or degrading Treatment or Punishment 

states the term torture means any act by which severe pain or suffering, whether physical or mental, is intentionally 

inflicted on a person.55 It also states that ‘each states party shall take effective, legislative, administrative, judicial 

or other measures to prevent acts of torture in any territory under its jurisdiction’.56 It also mandates: 

Each state party shall ensure that all acts of torture are offences under its criminal law. The 

same shall apply to an attempt to commit torture and to an act by any person which 

constitutes complicity or participation in torture.  Each state party shall make these offences 

punishable by appropriate penalties which take into account their grave nature.57 
 

Moreover, the Child’s Rights Act provides that: 

Every child is entitled to respect for the dignity of his person, and accordingly no child 

shall be 

(a) Subjected to physical, mental or emotional injury, abuse, neglect or maltreatment, 

including sexual abuse; 

(b) Subjected to torture, inhuman or degrading treatment or punishment.58 

 

It goes further to provide that: 

Every child is entitled to enjoy the best attainable state of physical, mental and spiritual 

health. Every government, parent, guardian, institution, service, organization or body 

responsible for the care of the child shall endeavour to provide for the child the best 

attainable state of health. Every government in Nigeria should endeavour to reduce infant 

and child mortality rate.59 

 

The Convention on the Rights of the Child states that states parties should recognize that every child has the 

inherent right to life.60 It further states that no child shall be subjected to torture or other cruel, inhuman or 

degrading treatment or punishment.61 In addition to the statutory provisions against neglect and abuse of human 

dignity, is the judgement of justice Niki Tobi in Uzokwu v Ezeonu62 where he stated that the word ‘Torture’ 

etymologically means to put a person to some forms of pain which could be extreme… it also means to put him 

in a form of anguish, or excessive pain… He also defined inhuman treatment to mean ‘A barbarous, uncouth, and 

cruel treatment, a treatment which has no human feelings on the part of the person inflecting the barbarity or 

cruelty.’ 

 

Furthermore, the provision of the Criminal Code63 strengthens the legal position that a person is protected against 

assault and violence to his/her person, and provides thus: 

A person who strikes, touches, or moves, or otherwise applies any kind to the person of 

other, either directly or indirectly, without his consent, or with his consent, if the consent 

is obtained by fraud or who by any bodily  act or gestures, attempts, or threatens to apply 

                                                           
52 Ibid. 
53African Charter on Human and Peoples’ Rights, 1981. Art. 4 
54 Ibid Art. 5  
55 Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, 1984, Art.  
56 Ibid, Art 2. 
57Ibid, Art 4.  
58 Child Rights Act, 2003. s. 11. 
59Ibid, s 13.  
60 Convention on the Rights of the Child, 1989, Art. 6.  
61 Ibid, Art 37. 
62 [1991] 6 NWLR (pt. 200) 708. 
63 Criminal Code Act, C 38 I LFN 2004 s.252. 



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Page | 86 
 

force of any kind to the person of another without his consent, in such circumstances that 

the person making the attempt, a threat has actually or apparently a present ability to effect 

his purposed, is said to assault that other person and the act is called an assault. The term 

‘applies force ‘include the case of applying heat, light, electrical force, gas, odour, or any 

other substance or thing whatever, if applied in such a degree as to cause injury or personal 

discomfort.64 

 

These provisions elegantly drawn up in our statute book, strong judicial pronouncements in their support made, 

but the problems is the issue of applicability, and even the knowledge about the existence of these provisions, so 

that the benefits will avail the people, or the fact that these provisions are mere ornamental in nature that they 

simply adorn our statute books without application becomes the problems.  We must note that these rights as 

guaranteed are inalienable and universal, and these rights are rights, which a person cannot be deprived of without 

great affronts to justice. These rights can be said to inure in a person without any further assurances. 

Justice Kayode Eso in Ransom Kuti v A.G Federation 65 also described human rights thus: 

It is a right which stands above the ordinary laws of the land, and which in fact is antecedent 

to political society itself. It is a primary condition to a civilized existent, and what has been 

done by our constitution since independence is … to have these rights enshrined in the 

constitutions, so that they could be immutable to the extent of non-immutability of 

constitution itself.  

 

Justices Chukwudifu Oputa, in Ransom Kuti v A. G. Federation 66 distinguished Fundamental Rights from Human 

Rights thus: 

Not every civil or legal right is a fundamental right. The idea and concept of fundamental 

rights both derive from the premise of the inalienable rights of man, life, liberty and pursuit 

of happiness. Emergent nations with written constitutions have enshrined in such 

constitutions, some of these basic human rights or fundamental right. Each right that is thus 

considered fundamental is clearly spelt out.67 

 

6. Conclusion and Recommendations  

The researcher is of the view that FGM should be stopped with immediate effect because it is a wicked and 

barbarous act which is, against the tenets of the constitution. The perpetrators must be duly punished. The People’s 

Human Rights must be respected. Everybody has a right to life and every individual is entitled to respect to dignity 

of his or her person. Specific cases on FGM are scanty in courts, if at all there is any. Sequel to this, there is likely 

no judicial precedent on FGM. Therefore, civil societies at different levels should provocatively embark on 

elaborate sensitization project to stir-up the consciousness of women, whose right to self-determination, right to 

life, right to dignity of human person, etc. have been infringed upon as a result of genital mutilation, to challenge 

such debase act in court . Also, human right lawyers should take up pro bono litigation for women who have been 

identified as victims of genital mutilation. Prosecution departments should not stand back in instituting criminal 

actions and charges against perpetrators of FGM, and the judiciary as well should ensure that justice is practically 

done. The Fundamental Human Rights provisions explicitly stated in the Constitution and it should be remembered 

that nobody and the law is no respecter of any person. This debase act of cutting the female’s genitals must be 

trampled upon and relegated to the historic abyss. Unlike male circumcision which is specifically for hygienic 

health, the conception that FGM is the preservation of culture is rather barbaric, inhuman, and repugnant to equity 

and good conscience.  

 

 

                                                           
64 Ibid. 
65 [1985] 2 NWLR (pt. 6) 230. 
66 Ibid. 
67 Ransom Kuti v A. G. Federation (Supra.) 


