The efforts of the Nigerian Senate to repeal and re-enact the VAPP ACT have recently come to the attention of the Nigerian public and the general Nigerian human rights advocacy community. The information on the proposed repeal and re-enactment has been met with outrage and righteous indignation, most notably from feminist and fellow LGBTQ+ rights advocacy organisations and activists around the country. The fact that this bill which has been in the offing for at least 28 months is just now coming to the attention of the general public raises many burning questions about the state of political and legal awareness and information within the Nigerian public; a situation which demands urgent action. This however lies beyond the scope of this essay and may be discussed in the near future. This piece is focused on setting important clarity around the bill to prevent misinformation and guide advocacy efforts.

The VAPP Act and the various VAPP Laws of at least 34 states across the country stand in evidence of the important work of Feminist and LGBTQ+ rights advocates for increased legal protection for vulnerable groups and persons in Nigeria. In the light of these, the reactions are very understandable. One commentator has declared that the bill “undermines the hard work of activists and women groups”. But does it? 

We will refrain from answering that question directly, but rather answer other questions, allowing our readers to draw their inferences.

WHAT ARE THE DIFFERENCES BETWEEN THE ACT AND THE BILL?

The VAPP Act and the Bill are substantially the same in almost all respects. The differences are divided into positive and negative changes:

Positive Changes

1. The Bill clarifies the confusion over the punishment for rape. Due to an error in the VAPP Act, it is difficult to ascertain whether or not the punishment for rape is life imprisonment without more, or whether it is a minimum of 12 years. The Bill clarifies this by prescribing a minimum of 12 years and a maximum of life imprisonment. 

2. The Bill creates new offences of attempting or conspiring to commit rape, as well as inciting, aiding, abetting, or counselling the commission of rape. These do not exist under the VAPP Act

3. The Bill provides for the establishment and management of a “Survivors of Violence Support Fund” which is to be funded from various sources including fines paid as punishment under the Bill and properties forfeited for being used to perpetrate acts of violence.

4. The Bill also increases the punishment for many offences such as:

   1. rape by a group of people: Here each offender is liable to a minimum of 20 years imprisonment instead of 12 years when it is perpetrated by one person.

   2. Offences of attempting or inciting, aiding, abetting, counselling the commission of other acts of violence. In almost all cases, it increases both the terms of imprisonment and the fines liable to be paid upon conviction.

Negative Changes

1. The VAPP Act in Section 38(2) makes it a criminal offence for the head of any institution to infringe on the rights of a victim of violence, including expelling, disengaging, suspending, or punishing them in any form or manner for any action taken under the Act. The Bill omits this provision. This exacerbates the already worsened state of vulnerability that victims of violence exist in. 

2. And this is the most contemptible and condemnable aspect of the Bill; it introduces a new section dedicated to sexual crimes against children thus removing them from the general protections afforded under the section on Rape. One would have expected the intention was to provide enhanced protection for children. Alas, the opposite is the case! While the offence of rape generally is set at a minimum of 12 years and a maximum of life imprisonment, raping a child aged 11 years attracts a maximum of 14 years imprisonment; raping a child aged 12 to 15 years attracts a maximum of 12 years imprisonment; and raping a child between 16 to 18 years attracts a maximum of 10 years imprisonment. 

Children are the future of any society; they are also the most vulnerable members of society and should be entitled to enhanced protection from all individuals and institutions in society. This is especially in a society with a median age of 17.9 years, which means that at least half of the Nigerian population is below 17.9 years. It is incredible and shocking that the federal legislature is trying to pass a message to predators and criminals that it is safer for predators to rape one-half of the population which also happens to be entirely made up of the most vulnerable members of our society.

WILL THE BILL LEGALLY AFFECT THE VAPP LAWS OF THE STATES? No. It does not. The Bill, like the VAPP Act is only applicable to the Federal Capital Territory (FCT), Abuja and may only be enforced by the High Court of the FCT, Abuja. The repeal of the Act will not affect the VAPP Laws enacted by the various State Houses of Assembly as only a State House of Assembly can repeal a law validly passed by it; especially when said law lies properly within its legislative competence.  It nonetheless remains unjust that the National Assembly intends to fail in their legal and moral duties to children living within Abuja and this is what challenges to the bill should be focused on.

In summary, it is important to ensure that we are properly informed before reacting, especially to information and occurrences of legal and socio-political character. This way we can ensure that our activism and advocacy are properly guided and that we can direct our energies in more effective and efficient ways.

Reacting based on misinformation may affect one’s credibility and thus impact negatively on future effectiveness. In the work of human rights advocacy, credibility is very essential.