A Legal Milestone Under Threat

In May 2015, Nigeria took a significant step forward in its fight against gender-based violence with the enactment of the Violence Against Persons (Prohibition) Act, commonly known as the VAPP Act. This landmark legislation was the result of years of advocacy by civil society organisations and women’s rights groups, who sought to address the gaps in existing laws regarding violence against women, girls, and other vulnerable populations. Nearly a decade later, the VAPP Act remains a critical tool in safeguarding the rights and dignity of Nigerians. However, recent discussions about its potential repeal have raised concerns among activists and legal experts, who warn of dire consequences for the country’s human rights landscape.

The VAPP Act 2015 is comprehensive, addressing various forms of violence that were previously inadequately covered or ignored by Nigerian law. The Act defines and criminalises a broad range of offences, including rape, domestic violence, harmful traditional practices, and other forms of violence against persons. The VAPP Act expands the definition of rape beyond the traditional understanding, covering any form of sexual penetration without consent, including male rape. This broader definition recognises that rape can occur in different forms and contexts, including marital rape, which was not previously recognised under Nigerian law. The Act also criminalises other forms of sexual violence, such as sexual harassment, intimidation, and stalking, providing a legal framework for victims to seek justice.

Perhaps one of the most significant aspects of the VAPP Act is its provisions on domestic violence. The Act goes beyond physical abuse to include emotional, psychological, and economic abuse, recognising that violence in intimate relationships can manifest in various ways. It empowers victims to seek protection orders and provides for establishing  shelters and rehabilitation centres for survivors. The VAPP Act takes a firm stance against practices deeply rooted in cultural and traditional beliefs that harm individuals, particularly women and girls. It criminalises practices such as female genital mutilation (FGM), early and forced marriage, and widowhood practices, offering legal protection to those at risk. The Act also addresses the issue of spousal battery, a common but often unreported form of domestic violence. A unique feature of the VAPP Act is its emphasis on restorative justice. Offenders may be required to perform community service or undergo rehabilitation programmes in addition to or instead of imprisonment. This approach aims to address the root causes of violence and reduce recidivism, promoting long-term change in societal attitudes towards gender-based violence.

The VAPP Act is more than just a piece of legislation; it represents a paradigm shift in Nigeria’s approach to combating violence against persons. Since its enactment, the VAPP Act has been domesticated in 34 of 36 states in Nigeria, each adapting the law to address local realities. Moreover, the Act has spurred the establishment of specialised courts and agencies dedicated to handling violence cases, further enhancing its impact. Despite its achievements, the VAPP Act has faced opposition from certain quarters, particularly those who view its provisions as threatening traditional values and gender norms. Recent discussions around the potential repeal of the Act have sparked fears that Nigeria could regress in its efforts to protect vulnerable populations from violence. Advocates are striving to ensure that the last two states adopt the VAPP Act for nationwide protection against domestic violence and sexual assault. However, these efforts face a major setback as the Senate moves to repeal the law, with the repeal bill passing its second reading. Senator Jibrin Isah of Kogi East, who introduced the new bill in April 2022, argues that the existing compensation provisions are inadequate given Nigeria’s current economic situation. He proposed increasing fines and prison terms to enhance deterrence. Additionally, he criticised the original law for being misleadingly presented and suggested it was gender-biased. Despite the Senate’s progress, women have strongly opposed the repeal online and in private discussions.

Repealing the VAPP Act would have far-reaching implications. It would signal a retreat from the progress made in protecting the rights of women and girls, particularly in rural areas where harmful traditional practices are still prevalent. Without the legal protections afforded by the Act, victims of FGM, early marriage, and domestic violence would be left with limited recourse, perpetuating a cycle of abuse and oppression. The repeal of the VAPP Act could undermine Nigeria’s commitments to international human rights treaties, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the African Charter on Human and Peoples’ Rights. Such a move would likely attract condemnation from the international community and could jeopardise Nigeria’s standing in global human rights forums. Moreover, repealing the Act would weaken the legal framework that has empowered law enforcement agencies and the judiciary to tackle gender-based violence more effectively. The loss of specialised courts and protective measures, such as protection orders and shelters, would leave survivors vulnerable and without adequate support.

Instead of repealing the VAPP Act 2015, the Nigerian government should focus on introducing targeted amendments that address any identified gaps or challenges in its implementation. This approach would allow the government to preserve the Act’s original intent of protecting vulnerable individuals from violence and abuse while also strengthening its provisions to make them more effective in addressing contemporary issues. By refining rather than discarding the Act, the government can build on the progress made in promoting human rights and ensuring justice for victims, ultimately enhancing the legal framework for protecting all Nigerians.

The VAPP Act 2015 stands as a testament to Nigeria’s commitment to protecting its citizens from violence and upholding human rights, particularly for women and girls. While there may be areas for improvement, the potential repeal of this crucial legislation threatens to undermine the significant gains made in addressing gender-based violence. Such a move risks a regression to a time when violence against vulnerable groups was largely ignored or inadequately addressed. Instead of repealing, policymakers and stakeholders must collaborate to strengthen the VAPP Act and ensure its effective implementation. Safeguarding this legislation is not just a legal imperative; it is a moral duty to protect the most vulnerable in society and to continue Nigeria’s progress toward a more just and equitable society.