Nigerians Push Back Against Bill Seeking to Repeal Anti-GBV Law

The repeal of the VAPP Act is sponsored by Senator Jibrin Isah, representing Kogi East district, who made his first proposal in 2022. The bill to repeal was kept under review until earlier this year, when it passed the first reading and was sent to the Committee on Human Rights and Legal Matters for further review and recommendations. At its first reading in July, Isah said the bill is “plagued by substantial and drafting challenges.”

Some of the senator’s concerns include an upward review of the fine and prison terms provided in the act for rape, a possible erasure of fines in situations regarded as heinous crimes, an establishment of a support fund for victims, as well as a better compensation system, and a removal of some derogatory expressions like the term “mentally retarded,” which is used in section 28 of the VAPP Act.

These seemingly well-meaning concerns are joined by Isah’s complaints that the act doesn’t make a distinction between the absence of consent and consent obtained by fraud or undue influence, especially in the case of rape. Adding to that, Tahir Monguno, senator representing Borno North district, went on to say that “a minor in the eyes of the law has relations” that can provide consent.

“They’re just manipulating words to fit their rubbish agenda, because everyone knows exactly what rape is,” Atteh says. “If the act even has technical things that need to be strengthened, they can just amend it. Repealing it now means that all those crimes can’t be taken to court or what?”

In addition to sexual abuse and domestic abuse, the VAPP Act has provisions against female genital mutilation, coercion, threatening, stalking, forceful ejection from home, forced financial dependence, harmful widowhood practices, violence by state actors, intimidation, spousal battery and many more crimes.

The Legislative Advocacy Coalition on Violence Against Women (LACVAW), comprising over 50 individuals and civil groups, began advocating and lobbying for the VAPP Act in the early 2000s, as Nigeria’s original 1999 Constitution did not have an act specifically aimed at curbing violence against society’s most vulnerable, especially women and girls, as well as disabled persons. Also, a significant portion of the act is gender neutral, signifying that men and boys can also be victims of some of the crimes in the act, contrary to paternalistic opinions amongst many Nigerians.

Since the VAPP Act was passed, it has faced obstacles with regards to adoption by states and widespread implementation. Five years after it was signed into law, more than half of the country’s states were yet to adopt the bill or pass their own versions of the bill. However, more states have accepted the act — currently 34 out of 36 — with states like Katsina and Kogi only domesticating the bill recently, with Plateau promising renewed efforts towards full implementation of the law.

According to local newspaper Punch, there were over 6,000 reported gender-based violence cases between January and May this year, a high number in a country where it’s widely known that many cases aren’t reported due to stigma.

“I think the VAPP Act has helped with underreporting and stigma a bit because organizations like the Lagos State Domestic and Sexual Violence Agency have a framework to even begin advocacy on,” fashion entrepreneur and women’s rights activist Oyin Adeboyeje tells OkayAfrica. “There is something to refer to, a law that is specifically for that. Before the VAPP Act, there wasn’t as clear a framework. Also, seeing the prosecution and conviction of perpetrators through the VAPP Act has helped a lot with stigma, people are more willing to endure the stigma if they are at least guaranteed a probability of justice”

Adeboyeje adds that getting all states and the Federal Capital Territory adopting the VAPP Act is only a first step. An early 2023 report by the Westminster Foundation for Democracy noted that “lack of political will, ignorance, cultural beliefs and practices, misinterpretation of the major religions, misinformation, poor socialisation and poverty” are major barriers to implementing the VAPP Act.

With activists and groups pushing for better implementation, a repeal will be a huge blow to the slow progress to efforts aimed at ending sexual and domestic violence, and other criminal acts under the current law.

“I understand the fatigue because it took years for the act to get passed,” Adeboyejesays, “but I think more of us have to continue pushing so that, even after the act has been adopted by all states, more people, especially victims, know that it exists and can protect and help them get justice. We also need to put pressure on the relevant agencies, like the judiciary, that are tasked with the interpretation and enforcement of the act.”