Senate should reconsider repealing VAPP Act

Oluwaseyi Kehinde-Peters

In May 2020, Vera Omozuwa, a 22-year-old microbiology student at the University of Benin went to her local church to study in what she thought was a safe environment. Tragically, she was brutally raped and later died from her injuries. The Violence Against Persons Prohibition Act of 2015, provides the legal framework to prosecute perpetrators of such heinous crimes and provide some measure of justice for victims like Vera.

Despite the protections offered by the VAPP Act, the Senate is currently considering a repeal of this critical legislation. The proposed repeal, which has already passed its second hearing, if successful would strip away the very protections that countless victims like Vera have relied upon, returning Nigeria to a time when such brutalities were met with silence and impunity.

The VAPP Act is Nigeria’s most comprehensive law to date for tackling gender-based violence, offering a broad range of protections that previous legal frameworks failed to provide. It extends the definition of rape, recognises non-physical forms of abuse, and criminalises a wide range of harmful practices, including female genital mutilation, forced marriages, and spousal battery. Importantly, the Act also provides for victim compensation, protective measures, and public access to a sex offenders’ register. This law is a lifeline for countless Nigerians, particularly women and children, who face the harsh realities of domestic and sexual violence.

Senator Jibrin Isah’s argument for repealing the VAPP Act is rooted in concerns over the adequacy of compensation provisions and the economic implications of the fines and penalties prescribed by the law. While these concerns are valid, amending the VAPP Act, rather than repealing it, is the right path because it allows for the preservation and enhancement of its current protections against gender-based violence. The Act already addresses a broad range of abuses, including physical violence and harmful traditional practices, but could be further strengthened by improving enforcement mechanisms, increasing penalties, and expanding support services for victims. This approach not only ensures continued protection for vulnerable individuals but also aligns Nigeria with international best practices, demonstrating a commitment to upholding human rights and combating gender-based violence effectively.

To improve the VAPP Act, the Senate should consider several key amendments that would strengthen the law and enhance its effectiveness in protecting victims of gender-based violence. Firstly, the enforcement mechanisms within the VAPP Act need to be strengthened. Currently, one of the significant challenges is the inadequate resources and unclear guidelines for law enforcement agencies responsible for handling GBV cases. The amendments should introduce more robust training programmes for law enforcement officers, ensuring they are well-equipped to handle these sensitive cases with the seriousness and expertise they require. Additionally, the establishment of specialised units within the police force dedicated to GBV cases could improve the speed and efficiency of responses, thereby providing better protection for victims.

Furthermore, victim support services under the VAPP Act should be expanded and made more accessible. While the Act provides for compensation and protection orders, there is a pressing need for state-funded shelters and psychological counselling services. These should be readily available to all victims across the country, ensuring that they have a safe space to escape from abusive situations and receive the necessary emotional and legal support. The amendments should also ensure that legal aid is readily available, helping victims navigate the often complex legal processes involved in seeking justice.

In terms of penalties, the VAPP Act should be amended to introduce more severe penalties for GBV offences, thereby acting as a stronger deterrent. This includes not only increasing the fines and imprisonment terms but also ensuring that there is adequate restitution for victims, providing them with comprehensive compensation that acknowledges the full extent of their suffering and losses.

Lastly, the introduction of specialised courts for GBV cases would significantly enhance the justice system’s response to these crimes. These courts could ensure that GBV cases are handled promptly and with the necessary sensitivity, reducing the trauma that victims often face during lengthy legal proceedings. This would align Nigeria with international best practices, where specialised courts have proven effective in delivering justice in a timely and victim-centred manner.

I urge the Senate to reconsider the proposed repeal. Instead, I call for a collaborative approach to amending the VAPP Act, ensuring it remains a powerful tool in the fight against gender-based violence. This call is not just for the Senate, civil society, international organisations, and every Nigerian must also raise their voices. We need a united front to protect the VAPP Act, to push for its amendment rather than repeal, and to ensure that it remains a powerful tool in the fight against gender-based violence. This is not just about legal reform; it is about protecting lives and upholding the dignity of every Nigerian.

The consequences of repeal would be dire, not just for the victims of today but for generations to come. Let us not turn back the clock on progress. Instead, let us build on the foundation that has been laid, ensuring that every Nigerian, regardless of gender, has the protection and justice they deserve.

Kehinde-Peters is founder of the Pan African Women Empowerment Network

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