The good book says, “where there is no law, there is no offence”. In criminal law, there is a principle called Nullum crimen sine lege (Latin for "no crime without law."). It says that a person cannot or should not face criminal punishment except for an act that is criminalized by law before he/she committed it (okay, I promise this is the only legal jargon you’ll see in this article).
Amidst growing and disturbing reports of rape and other sexual and gender-based violence, especially against women and children in Nigeria, there is also growing interest in provisions of the law that provide protection to women and victims of gender-based violence.
In contribution to the global awareness campaign for the protection of women from gender-based violence, it is an asset to be knowledgeable on the existing legal framework for protecting the rights of victims and survivors in search of justice. This article also serves as a warning to potential offenders, of the punishment that awaits them if they opt for breaking the law. Please desist!
In this short article, I have tried to present the law against rape and other forms of sexual violence in an easy to read manner in a layman’s style, so it is a living article. It will constantly be updated as I get feedback on topical and up-to-date developments on tackling gender-based violence.
Is there a law in Nigeria against Sexual and Gender-Based Violence?
Yes, there is. There are several laws against over 25 forms of sexual and gender-based violence (SGBV) in Nigeria. These include rape, defilement, coercion, stalking, indecent exposure, and spousal battery, amongst others.
The most recent legislation against SGBV in Nigeria is the Violence Against Persons Prohibition Act (VAPP Act). The Act was signed into law on the 25th of May 2015 by former President Goodluck Jonathan. Preceding the Act were other legislations that made provisions against different forms of SGBV, such as The Criminal Code (applicable only in the southern states of Nigeria), and the Penal Code (applicable in northern Nigeria). The challenge with the old framework and laws was that these legislations contained anachronistic provisions, being an inheritance of the colonial masters, thus they needed review and amendment, to allow for better protection of human rights, and promotion of justice.
The VAPP Act is a Federal Law that was passed to tackle the foregoing challenge and harmonize the Criminal Code and the Penal Code. The act contains progressive provisions. It provides a broader definition of rape; recognizes a wider range of SGBV related offences; provides better compensation for victims, and stiffer punishment for offenders.
What does the law say about rape?
The VAPP Act defines rape, thus;
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 (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.
Under the Criminal Code of Nigeria (Section 357 & 358), Rape is defined as
Having unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of harm, or by means of a false act, or, in case of a married woman, by impersonating her husband.
Under the Penal Code of Nigeria (Section 282),
A man is said to commit rape who has sexual intercourse with a woman in any of the following circumstances: against her will; without her consent; with her consent, when the consent is obtained by putting her in fear of death or of hurt.
What punishment does the law recommend for rape offenders?
A person convicted of the offence of rape under the VAPP Act is liable to life imprisonment, except;
- where the offender is less than 14 years of age, the offender is liable to a maximum of 14 years in prison
- in the case of rape by a group of persons, the offenders are liable jointly to a minimum of 20 years imprisonment without an option of fine.
What compensation(s) does the VAPP Act recommend for survivors (or victims)?
There is no defined compensation for survivors or victims of rape. The law empowers the court to award appropriate compensation to the victim as it may deem fit in the circumstance.
Is there a public register for convicted offenders?
Yes. The VAPP Act made provision for the establishment of a public register for convicted sexual offenders. The public register was launched by the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) in 2019. It can be accessed via this link: https://nsod.naptip.gov.ng/
Has any offender been convicted under this law?
Yes. According to the public register maintained by NAPTIP, eleven (11) persons have been convicted so far.
Who is responsible for the enforcement of the VAPP Act?
The National Agency for the Prohibition of Trafficking in Persons and other Related Matters (NAPTIP) is mandated to administer the provisions of the VAPP Act in collaboration with relevant stakeholders including Faith-Based Organizations.
How do I report a rape case under this law?
There are a number of reporting channels for cases of rape or SGBV. Specifically, NAPTIP and the Police were mandated by the VAPP Act to take up cases of SGBV. Although, some states have dedicated agencies for this purpose. Below are the reporting channels provided by the Police and NAPTIP;
- Police: https://fciidgender.net/
- NAPTIP:https://nsod.naptip.gov.ng/
The schedule to the VAPP Act (Section 25 and 37) has a list of templates for reporting cases of SGBV or filing for a protection order. A copy of the VAPP Act 2015 can be downloaded via the link below:
Despite these progressive innovations contained in the VAPP Act, it is applicable only in the Federal Capital Territory until the states domesticate the law. So far, only 13 states have domesticated the VAPP Act in Nigeria. They are Lagos, Ogun, Oyo, Osun, Ekiti, Edo, Enugu, Anambra, Ebonyi, Cross River, Benue, Plateau, and Kaduna state.
To effectively tackle the issue of gender-based violence, especially rape, it is important for states to adopt a robust legal framework.
The fact that there are still so many states yet to domesticate the VAPP Act begs the question, "why will any state government delay in domesticating an important legislation like it?".
Honestly, I don't know (like many things in Nigeria, it confuses me). In my opinion, any state that has not domesticated the VAPP Act or enacted a similar law is an accomplice to every case of SGBV within their domain.
If you find this article useful or there are additional information you think I should include, please let me know in the comments section below.
Thanks for reading.
Written by Vincent Dania.
Edited by Henri-Paul Eitokpah
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