Nigerians react as Senate introduces bill to repeal VAPP Act of 2015

Posted on by Vaseline

A bill to repeal the Violence Against Persons (Prohibition) Act (VAPP Action), a bill designed to curb gender-based violence in Nigeria, has passed its second reading in the Senate. The bill has been referred to the Senate Committee on Justice, Human Rights and Legal Affairs, which is expected to report back within six weeks.

Senator Jibrin Isah of the All Progressives Congress (APC), representing Kogi East, sponsored the bill, which was initially tabled in 2022. He argues that repealing the current law will allow room for amendments to address perceived shortcomings as the law in its current form is not comprehensive enough.

“When one goes through the provisions of the Act, it is clear that it is plagued by substantial and drafting problems. This underscores the need for a holistic reform of the Act to bring the provisions in line with the realities of societal change and drafting standards for effective administration of justice,” the senator said.

Some of his concerns highlighted in the law:

  • Gender bias: Originally, the emphasis was on protecting women, leading to a sense of gender bias, despite later revisions to include gender-neutral language.
  • Problems with composing: The law faces significant drafting challenges, making it difficult to adapt to modern legal standards and societal changes.
  • Insufficient punishment: The prescribed penalties, including fines and prison sentences, are considered too lenient and not deterrent enough.
  • Rape Definition: The definition of rape in law is unclear, particularly with regard to consent and its manipulation through fraud or undue influence.
  • Victim compensation: The law has been criticised for its emphasis on punitive measures and inadequate provisions for compensating victims of violence.
  • Confusion over jurisdiction and terminology: Issues such as ambiguous jurisdictional language and the use of outdated or derogatory terms can lead to potential legal complications.
  • Outdated references: The Act contains outdated references to repealed legislation, indicating that the document is out of date.

With this withdrawal, Jibrin Isah aims to introduce the Violence Against Persons (Prohibition) Bill, 2024. This bill aims to eradicate violence in both private and public life, prohibit all forms of violence against persons, and provide maximum protection and effective remedies to victims, while ensuring punishment of offenders.

Before leaving office in 2015, the former president, Good luck Jonathan signed the VAPP Act. The law was passed to prohibit all forms of violence against persons in private and public life, to provide maximum protection to victims and to ensure that offenders are punished.

The bill was originally passed in 2013 and came into effect on May 28, 2015. However, in March 2022, Partners West Africa Nigeria reported that only 19 of Nigeria’s 36 states, together with the Federal Capital Territory, had domesticated the VAPP Act and only five Houses of Representatives had fully passed the legislation.

Key provisions of the VAPP Act 2015:

  • Harmful traditional practices: Criminalizes practices that violate the rights of women, girls or other persons, including harmful widowhood practices, denial of inheritance rights, female genital mutilation (FGM), female circumcision and forced marriage.
  • Other forms of violence:The law prohibits various forms of violence, including physical harm, putting a person in fear of harm, coercive behavior or sexual acts, sexual harassment, sexual exploitation, forced eviction, emotional, verbal and psychological abuse, abandonment, and attacks with chemical or biological agents.

Senator Jibrin Isah’s bill now only needs to be read once before it is put to the vote, raising concerns among Nigerians who believe that repealing the VAPP Act would undermine progress in human rights protection. Many argue that an amendment, rather than an outright repeal, would be a more effective approach.

What Nigerians say about the bill:

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