Why CSOs are Opposed to Amendment of the Violence Against Persons Act

Civil Society Organisation in the country have continued their opposition to the repeal of the Violence Against Persons (Prohibition) Act, and the subsequent enactment of a new Act because of some clauses introduced in the new Bill.

Speaking at the just concluded 6th Annual Criminal Law Review Conference of the Rule of Law Development Foundation in Abuja themed: “Administration of Criminal Justice in Nigeria: How to Navigate Emerging and Systemic Challenges of Insecurity and Economic Hardship”, a Lecturer in Faculty of Law, Baze University, Abuja, Mrs Ozioma Izuora in her lead paper on the topic: “The Bill to Repeal the Violence Against Persons ( Prohibition) Act and Matters Arising”, said that the CSOs oppose the amendment because “it reintroduces ‘defilement’ which was part of the old law that considers minors incapable of being raped. The result is that it made nonsense of the statutory rape provision in the Child’s Rights Acts and all the recent treaties signed by Nigeria prohibiting child marriage. If defilement is allowed into the law, nobody under age 18 can ever be said to be raped. It also removes the protection given to boys and men, by the 2015 Act. And, we all know that boys and men are susceptible to rape”, Izuora stated

In his welcome address at the Conference, the Coordinator of the Foundation, J.B. Daudu, SAN said: “On behalf of the Rule of Law Development Foundation, I welcome you all to the opening ceremony of the 6th Annual Criminal Law Review Conference taking place from today, November 18,  2024 to Friday, November 22, 2024 at this address and virtually at various locations within Nigeria and abroad.

“May I use this opportunity to acknowledge and welcome the powerful 50-person delegation led by the Honourable, the Attorney-General of Kogi State, Mr Muiz Abdullahi, SAN participating virtually from the ultra-modern Banquet/Conference Hall in the Kogi State Government House ‘Glass House’ in Lokoja, Nigeria.

“This Criminal Law Review Conference commenced six  years ago as one of the flagship events of this Foundation, and it was essentially to provide an annual forum for the review of all developments, particularly novel developments in the field of crime apprehension, crime prosecution, crime adjudication, and the important activities of the post- adjudicatory processes and institutions of the criminal justice system.

“These entailed for us, as a matter of necessity, the consideration of the state of the existing laws governing the powers and functions of the Nigeria Police and all other law enforcement agencies operating in Nigeria. As it relates to the courts, while acknowledging the strenuous conditions under which our courts performed their onerous duties, the Foundation annually and still does, as a matter of policy, to review the recent cases and decisions of our law courts, particularly the Supreme Court of Nigeria and the Court of Appeal on virtually every area of criminal law on which they pronounced judgement within the time frame under consideration.

“It is also part of the Conference mandate to highlight any legislative developments emanating from the National Assembly of Nigeria and any of or all the 36 States Houses of Assembly in Nigeria, within the period under review. A clear example is the domestication by most, if not all the 36 States of the Federal Republic of Nigeria, of the provisions of the Administration of Criminal Justice Act 2015. We have, over the years, considered the implications or effect of Criminal Bills within the legislative incubator, and have within our understanding, suggested possible modifications to such Bills or portions thereof, whose ultimate passage in their unrefined form will pose a danger to the smooth running of the administration of criminal justice in Nigeria.

“A further mandate of this Conference, is to review the progress and performance of our correctional institutions. The Foundation takes the view that correctional institutions are pivotal to the success or smooth operation of any socio-economic, politico-cultural system such as the Nigerian State. The Foundation cannot be faulted, when it takes the view that our correctional institutions or prisons as they are better known, are in a decrepit state and in offensive conditions of squalor and disrepair. They, in our view, constitute a serious health hazard to the inmates therein. In our humble view, as a result of the growing crime rate in Nigeria and the corresponding instability generated by such wanton acts of insecurity and criminality in every nook and crevice of the nation, there is a need for the Government of the Federation and indeed, State Governments (pursuant to the 2022/2023 constitutional amendment that placed Correctional Centres and Prisons on the Concurrent Legislative List) to, as a matter of national priority and urgency, build, construct or install one multi-purpose Correctional Centre in each of the 774 local government councils in Nigeria”.