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)