Introduction:
Violence against vulnerable persons, especially women, is prevalent in Nigeria. In addition to physical, sexual and emotional abuse, many women in Nigeria experience female genital mutilation/circumcision, forceful ejection from home, and other harmful and heinous traditional practices stemming from long-held cultural beliefs.
Given the prevalence and intensity of violence against women and girls, it is not surprising thatmany are calling it a pandemic, equal in concern to HIV in Nigeria.
Before now, there was no sufficient legal and judicial provision protecting women against violence.
While rape is punishable by life imprisonment in Nigeria, the laborious process of proving rape, the pain and shame of reliving the experience coupled with societal pressure to keep silent, victim blaming, and stigma, often dissuade women from reporting sexual violence. The police often dismiss cases of domestic violence as a ‘family affair’ and are reluctant to intervene even if the woman has sustained serious injury.
Prevalence Data on Different Forms of Violence against Women.[i]
· Lifetime Physical and/or Sexual Intimate Partner Violence: 16%
· Physical and/or Sexual Intimate Partner Violence in the last 12months: 11%
· Lifetime Non-Partner Sexual Violence: 2%
· Child Marriage: 44%
· Female Genital Mutilation/cutting: 18%
Efforts to curb Violence against Vulnerable Persons in Nigeria:
The Violence Against Persons Prohibition Bill was passed by the House of Reps and the Senate in 2013 and 2015 respectively.
On the 25th day of May, 2015, The Violence Against Persons (Prohibition) Act (VAPP Act) was passed into law. The Act was passed into law in a bid to eliminate violence in private and public life; prohibit all forms of violence, including physical, sexual, psychological, domestic, harmful traditional practices; discrimination against persons and to provide maximum protection and effective remedies for victims and punishment of offenders, it also makes provision for compensation to victims as well as the protection of their rights.
This law being effective, vulnerable persons especially women can now seek redress for violence on them.
Under the VAPP Act, rape, spousal battery, forceful ejection from home, harmful widowhood practices, female circumcision or genital mutilation, harmful traditional practices, harmful substance attacks such as acid baths, forced isolation and separation from family and friends, among others are punishable offences.
Violence against Persons: Punishment and Compensation.
· Rape: under the VAPP Act, a person commits the offence of rape if-
a) he or she intentionally penetrates the vagina, anus or mouth of another person with any other part of his or her body or anything else;
b) the other person does not consent to the penetration; or
c) the consent is obtained by force or means of threat or intimidation of any kind or by fear of harm or by means of false and fraudulent representation as to the nature of the act or the use of any substance or additive capable of taking away the will of such person or in the case of a married person by impersonating his or her spouse.
Any person convicted of this offence is liable to imprisonment for life except-
a) where the offender is less than 14 years of age, the offender is liable to a maximum of 14 years imprisonment;
b) in all other cases, to a minimum of 12 years imprisonment without an option of fine; or
c) in the case of rape by a group of persons, the offenders are liable jointly 10 a minimum of 20 years imprisonment without an option of fine.
The Court shall also award appropriate compensation to the victim as it may deem fit in the circumstance.
It further provides that a register for convicted sexual offenders shall be maintained and accessible to the public.
· Spousal Battery: women can also enjoy protection from battery from their spouse as the Act provides that:
a) A person who willfully causes or inflicts physical injury on another person by means of any weapon, substance or object, commits an offence and is liable on conviction to a term of imprisonment not exceeding 5years or a fine not exceeding N100,000.00 or both.
b) A person who attempts to commit the act of violence provided for above commits an offence and is liable on conviction to a term of imprisonment not exceeding 3 years or to a fine not exceeding N200,000.00 or both.
c) A person who willfully or knowingly places a person in fear of physical injury commits an offence and is liable on conviction to a term of imprisonment not exceeding 2 years or to a fine not exceeding N200,000:00 or both.
The Court may also award appropriate compensation to the victim as it may deem fit in the circumstance.
· Forceful Ejection from Home: a lot of women are faced with this in Nigeria as it is culturally believed that it’s the husband who owns the house. It has been provided in the Act that:
a) A person who forcefully evicts his or her spouse from his or her home or refuses him or her access commits an offence and is liable on conviction to a term of imprisonment not exceeding 2 years or to a fine not exceeding N300,000.00 or both.
b) A person who attempts to commit the offence provided for in subsection (1) of this section commits an offence and is liable on conviction to a term of imprisonment not exceeding 1 year or to a fine not exceeding N200,000.00 or both.
Also a person who incites, aids, abets, counsel, assists another to commit this offence is liable on conviction to a term of imprisonment not exceeding 1 year or to a fine not exceeding N200,000.oo or both.
· Harmful Widowhood Practice: women who lose their husbands are subjected to torture and harmful practices as a result of cultural belief. Some culture engages widows in these practices to show proof that “she did not kill her husband”. Others do same to “cleanse her”, among so many other absurd reasons.
VAPP Act has provides that:
a) A person who subjects a widow to harmful traditional practices commits an offence and is liable on conviction to a term of imprisonment not exceeding 2 years or to a fine not exceeding N500,000.00 or both.
b) A person who attempts to commit the act of violence provided for in subsection (1) of this section commits an offence and is liable on conviction to a term of imprisonment not exceeding 1 year or to a fine not exceeding N200,000.00 or both.
Also a person who incites, aids, abets, counsel, is liable on conviction to a term of imprisonment not exceeding 1 year or to a fine not exceeding N200,000.00 or both or both and he who assists another to commit this offence is liable on conviction to a term of imprisonment not exceeding 6 months or to a fine not exceeding N100,000.oo or both.
· Prohibition of female circumcision or genital mutilation: The circumcision or genital mutilation of the girl child or woman is hereby prohibited.
a) A person who performs female circumcision or genital mutilation or engages another to carry out such circumcision or mutilation commits an offence and is liable on conviction to a term of imprisonment not exceeding 4 years or to a fine not exceeding N200,000.00 or both.
Other Laws Safe guarding the Rights of Women in Nigeria:
· The 1999 Constitution of the Federal Republic of Nigeria-
· Child Right Act 2015
· Lagos State Protection Against Domestic Violence Law 2014
· Ekiti Gender-Based Violence Prohibition Law 2011
· Lagos State Domestic Law
Some organizations working on Violence against Women:
· Hope for Family Development Initiative (HFDI)
· Project Alert on Violence against Women
· Wellbeing Foundation Nigeria
· International Federation of Women Lawyers (FIDA) Nigeria.
· The Firma Advisory (TFA)
Specialized Sexual Offences Court:
Lagos State Government has inaugurated a special court for sexual offences. Four (4) courtrooms have been set aside in the state judiciary as the special courts and over 600 sexual offences are presently pending before the courts.
This effort is commendable and I recommend that other States take clue and follow suit to reduce this atrocious menace of Violence against persons especially in our present society with growing cases of sexual abuses against women and girls.
Conclusion:
The High Court of the Federal Capital Territory, Abuja has been empowered by the VAPP Act to have jurisdiction to hear and grant any application brought in respect of the offences captured in the Act. An application for a Protection Order may be made before the High Court following a complaint of violence by the complainant and such Order, if granted, shall be effective throughout the Federal Republic of Nigeria and no time limit or prescription shall apply in relation to a person seeking to apply for such Protection Order.
Recent awareness on violence against women and offences related thereto is commendable. NGOs, the Civil Society and International Organizations have put in allot of efforts to curb and control violence against women and other vulnerable persons in Nigeria. Such effort should continue and stakeholders concern should not be deterred in their efforts unless a violence free conscious society is created or the crime is reduced to the barest minimum.
The passing of the Violence against Persons Prohibition Act is a commendable step towards curbing this violence, the efforts of Lagos State Government and is commendable, other states are encouraged to follow suit and enact laws and have specialized Courts that will curb this menace.
By; Onyema NNEAMAKA
Associate at The Firma Advisory (TFA)
Tel: +2348039625141
About the Firma Advisory:
The Firma Advisory (TFA) is an innovative multi-disciplinary law firm, focused on providing legal insights and solutions to clients in both the private and public sector. With interest in providing pro-bono legal services and access to justice to indigent persons and victims of domestic violence
Contact us at:
Address: 1st Floor Gwandal Centre, Fria Close,
Off Ademola Adetokunbo Crescent Wuse II Abuja.
Tel: 08105847051
Email: Hello@thefirmaadvisory.com
Website: www.thefirmaadvisory.com
[i]http://evaw-global-database.unwomen.org/en/countries/africa/nigeria (accessed 23rd July, 2018 by 10:07am)