A bill to repeal the Violence Against Persons Prohibition Act (VAPP Act) has passed a second reading in the Senate and is moving to the Committee on Judiciary, Human Rights, and Legal Matters. Senator Jibrin Isah, representing Kogi East, is pushing to repeal the Act, arguing that it is not “holistic” enough and is riddled with ambiguities that prevent a proper enactment. In his lead debate, he states that a reform of the law is necessary to bring its provisions in line with current realities.
The Violence Against Persons Prohibition (VAPP) Act of 2015
Former President Goodluck Jonathan passed The VAPP Act into law in 2015. The Act was born out of strong agitations for the protection of individuals against all forms of violence. Here are some significant points the Act addresses:
- The prohibition of female circumcision or genital mutilation, forceful ejection from home and harmful widowhood practices.
- Prohibition of spouse abandonment, children and other dependents without sustenance, battery and harmful traditional practices.
- The VAPP also provides a legislative and legal framework for the prevention of all forms of violence against vulnerable persons, especially women and girls.
- In addition, the law prohibits economic abuse, forced isolation and separation from family and friends, substance abuse, depriving persons of their liberty, incest, and indecent exposure.
- It also expresses legal frameworks to eliminate violence in private and public life and provide maximum protection and effective remedies for victims of violence and punishment of offenders.
Prior to the enactment of the VAPP, there was no comprehensive law about violence against women nationally. In 2002, over 55 groups and individuals came together as the Legislative Advocacy Coalition on Violence Against Women (LACVAW) to push for better laws against violence against women in Nigeria. Their efforts led to the introduction of the VAPP Act and its signing into law after years of work in the legislative process by the three regimes of the National Assembly in 2015. The LACVAW has yet to comment on the proposal to repeal the Act.
Being an Act of the National Assembly that applies only in the Federal Capital Territory (FCT), states of the Federation have had to localise the Act to make it applicable within their respective jurisdictions. While several States have done this, some others have not, and this has been the subject of advocacy by some civil society groups working towards the elimination of various forms of violence.
Proposed changes to the Act
Rape
The repeal bill highlights that the offence of rape in Section One needs to be clarified to make a distinction between the absence of consent and consent obtained by fraud or undue influence and include other unlawful means of obtaining consent.
It includes a need for a review of the use of fines (which currently range between ₦100,000 – ₦500,000) and imprisonment terms (currently set at 1-3 years) provided as punishments for rape. Senator Isah states that the payment of fines and imprisonment is too lenient to have any meaningful deterrent effect, as well as removing the option of a fine as punishment for certain offences that are considered grievous.
He also calls for better provisions for support and compensation of victims of violence, including the establishment of a Victims’ Support Fund to cater to such persons.
Tahir Monguno, a senator representing Borno State, also added that the Act should take into cognizance certain circumstances when it comes to rape.
“There is no clear definition of consent or rape in this [current] law. It needs to be amended because “a minor in the eyes of the law has relatives who may provide consent,” he said.
Derogatory expressions
The bill also states, “there are instances of derogatory expressions in some provisions of the Act,” mentioning that some deprecating language should be replaced with more appropriate expressions. An example is “mentally retarded”, used in Section 28(4). Senator Isah highlights the need to reflect inclusivity and best practices that are acceptable to the community of people with disabilities. Furthermore, he seeks a repeal to review some strict liability offences in the current law and introduce the element of intention (mental element) behind physical violence.
Legislation errors
According to the Senator, another reason for seeking a repeal is the problem of legislation. “There are many cases of wrong cross-referencing in the Act.” The Act currently makes references to legislation that has been repealed. For instance, section 40 references the Companies and Allied Matters Act of 1990, which was repealed in 2020. The implication is that the operators of the Act run into difficulties when it comes to implementation.
Ambiguity
Senator Isah further stated that the act was deceitfully presented. In his bill, he alleges that, “In the face of opposition to its obvious gender-based nature, the promoters renamed it, tinkered with some of its provisions, introduced seemingly gender-neutral language, and successfully obtained its passage,” and that the use of the terms “shall” and “may” in some sections does not convey any legislative intent.
Why is Senator Isah seeking a repeal?
Senator Isah is aiming for a holistic reform of the 2015 VAPP Act with these amendments. According to him, there are “substantial and drafting challenges” in the current legislation that acts as bottlenecks to realising its objectives. He also implied that the Act was drafted without consideration of special circumstances and terminologies and, as such, cannot achieve the goal for which it was set in place.
How does this repeal affect women?
The call for a repeal, which may have begun with good intent by Senator Isah, raises a few concerns. According to Nigeria’s guide to the amendment of legislation, his reasons for repeal are valid because he highlights “gaps or loopholes which may occasion injustice.” However, a repeal is a sectional or total cancellation of a law. An amendment, on the other hand, is the process of modifying one Act (the principal legislation) by adding, inserting, deleting, or rewording text or by repealing sections or articles.
The senator’s call for repeal may also push Nigeria backward into the dark ages when the Act was nonexistent. The VAPP Act was passed into law in 2015 after 14 years of advocacy, two years of discussion in legislation, and even longer for its domestication and adoption in states across Nigeria. Hence, a repeal may result in an even longer timeframe for repeal and adoption, leaving victims without legal protection in the meantime.
Another concern lies with the review of the intent behind crimes of violence to protect mentally challenged perpetrators who do not have full control over their actions. This review creates a loophole for perpetrators to misuse the law by claiming mental illnesses when survivors attempt to seek justice.
Senate President Godswill Akpabio has referred the repeal bill to the committee on judiciary and legal matters. In his statement released in July, the senate president added that he expects a report in six weeks.
