The Violence Against Persons (Prohibition) Act (VAPP), is a vital piece of legislation that was enacted in 2015 and has been domesticated by many states in Nigeria. It has been described as the most effective legislation giving hope to countless women and girls in Nigeria as it aims to prohibit all forms of violence against persons in private and public life. Since it was passed into law by the President Goodluck Jonathan in 2015 with just five states on board, the law has faced a lot of bottlenecks before it was domesticated in many states. indeed, it took seven years for 19 states to domesticate the act despite its importance. It faced a lot of challenges and currently, only 34 of Nigeria’s 36 states have domesticated the law. But while advocates are fighting to ensure the remaining two states domesticate the law for effective protection against domestic violence, sexual assault and practices across the country, all efforts put in are about to go down the drain as the Senate is set to repeal it and it has passed second reading based on the argument that it needs a complete reform.
The move raised more eyebrows as it came days after Nigerians campaigned against the “Counter-Submersive Bill,” which has now been withdrawn. Senator Jibrin Isah of Kogi East District presented the new bill that would repeal the VAPP Act 2015. The first proposal of the bill was in April 2022 and the Senate kept the bill under review.
But it returned to the Senate in July 2024. After passage of the bill for a second reading, the President of the Senate, Godswill Akpabio, referred it to the Senate Committee on Judiciary, Human Rights and Legal Matters for further legislative action and asked for a report back in six weeks; which terminated on August 21, 2024.
Senator Jibrin had argued that the compensation provisions for victims of violence were insufficient given Nigeria’s current economic conditions. He then proposed increments to the fines and imprisonment penalties in the Act to serve as a more effective deterrent.
According to Senator Jibrin in his lead debate: The bill seeks 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 related matters in 2024.” He also stated that the provisions are “inimical to the realisation of its objective.”
The senator also distinguished between “absence of consent” and “consent obtained by fraud, undue influence and other unlawful means,” adding that it suggests that the passed law was deceitfully presented and noted that “in the face of opposition to its obvious gender-biased nature, the promoters resumed it, tinkered with some of its provisions, introduced seemingly gender-neutral language and successfully obtained passage.”
Women groups have, however, argued that the bill by Senator Jibrin undermines the hard work of activists and women groups that pushed for the VAPP Act to be implemented across Nigeria’s 36 states and regresses on basic human rights law and they are not willing to let this slide.
Across social media handles and in private interviews, women have vowed to kick against the repeal. Toju Abari told Nigerian Tribune that “Senator Jibrin’s bill must be recalled. We must act now and we must act fast because the bill’s implementation is now dependent on the consensus of the third reading. ‘‘We must prevent the bill from reaching the third reading. I think the senator is hiding behind love for victims to subvert the good work done over the years,” she said.
Former chairman of the Nigeria Bar Association, (NBA), Ibadan branch, Folasade Aladeniyi, promised to undertake a full review of the proposed amendment.
Also speaking, the Director of Mediation in the Oyo State Ministry of Justice, Dupe Awosemusi, stated, “I haven’t gone through the proposed amendments; I will give a full view when I read it.
Chief Folake Ajayi, a legal practitioner and rights activist also said she needs to fully read his suggestions and reasons before giving her views.
And from social media, women are lending their voices to the conversation; “The VAPP Act was enacted to eliminate gender-based violence such as rape, domestic violence, spousal battery, intimidation, physical injury, coercion, female circumcision or genital mutilation, and harmful widowhood practices. Even with legislation, GBV keeps rising. We must not let this happen” wrote @faree_for_real
“This is disturbing. He’s asking for proof of intent before a violent act happens. Like if someone beats their wife they need to bring proof that he intended to cause harm as if the beating is not enough. Also to include consent even if said consent is withdrawn afterwards!” stated@imoteda>
“Mind you, this law is one of the best-drafted Acts I have read personally and I remember it is so all inclusive that it recognises women and children’s rights and also that men can be rape victims. I am waiting to see the drafting challenges that they speak of.” @ equally said_LOHI_
“GBV is barely punished in this country and now they want to take away the one way victims can get justice. I hate it here and that’s an understatement’’. submitted @Theariaspeaks
While women rights activists and organisations continue to oppose the move, holding efforts to repeal the VAPP Act as a step backward for women’s rights, they have raised point for their arguments. They stated that aside sending a dangerous message that violence against women is acceptable, repealing the VAPP Act would leave women and girls more vulnerable to domestic violence, sexual assault, and other forms of gender-based violence.
They further said that it will lead to erosion of women’s rights and undermine efforts aimed at protecting women’s rights and promoting gender equality.
They also expressed the belief that repealing the Act will mean there will be lack of justice for survivors as there are essential legal remedies for survivors of violence in the law. Further, they stated that it will deny victims’ access to justice and also cause regression in the progress made on upholding human rights principles.
Advocates hold that rather than repeal, what the law needs is strengthening and amendment to address its shortcomings while calling for increased funding for implementation, improved awareness-raising campaigns, and stronger enforcement mechanisms.
“The proposed repeal of the VAPP Act is a serious threat to the safety and well-being of women and girls in Nigeria. Women’s rights advocates are united in their opposition to this dangerous move. It is imperative that we stand together to protect the VAPP Act and ensure that it remains a vital tool for combating gender-based violence,” they argued.