A significant legislative effort aimed at eradicating violence in both private and public spheres has successfully advanced to the next stage. The bill, titled the Violence Against Persons (Prohibition) Bill, 2024 (SB. 368), seeks to replace the existing Violence Against Persons (Prohibition) Act of 2015.
This new bill is designed to comprehensively prohibit all forms of violence against individuals, provide maximum protection and effective remedies for victims, and enforce strict punishment for offenders.
The bill, sponsored by Senator Isah Jibrin from Kogi East representing the All Progressives Congress (APC), has recently passed its second reading in the Senate.
Following this advancement, Senate President Godswill Akpabio has assigned the bill to the Senate Committee on Judiciary, Human Rights, and Legal Matters. This committee, chaired by Senator Mohammed Monguno from Borno North (APC), is expected to review and report back on the bill within six weeks.
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During his introduction of the bill, Senator Jibrin emphasized its critical importance, stating:
“Permit me to lead debate on this very important bill seeking to repeal the Violence against Persons (Prohibition) Act, 2015, and enact an Act to eliminate violence in private and public life, prohibit all forms of violence against persons and to provide maximum protection and effective remedies for victims, and punishment of offenders; and for related matters. This Bill was read for the first time on …. 2024.”
“Due to the far-reaching nature of this Bill, let me crave your indulgence to extensively highlight the background, which I believe will not only provide a proper context for this legislative initiative, but also motivate the National Assembly to accelerate the legislative process in enacting this Bill. This Act was enacted in 2015 against the backdrop of the rising cases of violence, especially domestic violence against women.”
“The initial Bill sought protection for women from (male domination) violence. In the face of opposition to its obvious gender bias nature, the promoters renamed it, tinkered with some of its provisions, introduced seemingly gender-neutral language, and successfully obtained its passage.”
“It’s explanatory memorandum states that it prohibits all forms of violence against persons in private and public life and provides protection and remedies for victims and punishment of offenders. Upon close scrutiny of the Act, it becomes obvious that it contains provisions that are inimical to the realisation of its objectives.“
“Going through the provisions of the Act, it is obvious that it is plagued by substantial and drafting challenges. This underscores the necessity for a holistic reform of the Act to bring the provisions in line with the realities of societal change and drafting standards to effective dispensation of justice.”
“Some of the major areas of concern in the Act are highlighted below. There are several strict liability offences in the Act. These are instances where mental element (mens rea) is not needed, but only the physical element, which is all required to complete the offence. This therefore calls for a review to introduce elements of intention.”
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“The punishments of fine and imprisonment in the Act have become infinitesimal to have meaningful deterrent effect. This is particularly so in view of the current economic realities in Nigeria. In section 1 of the Act, the offence of rape needs particular attention. There is need to make a distinction between absence of consent, and consent obtained by fraud, undue influence, and other unlawful means.”
“The Act contains inadequate provisions for compensation of the victims of violence. The penal focus is on fines and imprisonment, with little on compensation. In addition to the punishments, it is better, by way of reparation for victims, to make adequate provisions relating to compensation.”
“The grievous nature of the certain offences in Act, especially section 22(1), makes the punishment provided inadequate. In view of the rampant cases of chemical attacks, such as acids and other substances, offenders under this section should not be given an option of fine. Similarly, the term of imprisonment needs an upward review.”