Francis Sardauna writes that the consequence for rape in Katsina State is now death following the signing of Violence Against Persons (Prohibition) Act into Law by Governor Dikko Umaru Radda

In the wake of protests over the growing number of rape incidents in Katsina State, Governor, Dikko Umaru Radda has assented to the Violence Against Persons (Prohibition) Act 2015 to curb the incessant cases of violence against vulnerable children and women in the state.

The VAPP Act was enacted by the National Assembly and assented to by the then President Goodluck Jonathan in 2015. It was passed as a result of numerous gender-based violence and human right abuse happening in the country.

The Law, which stipulates stiffer punishment for rapists and their abetors, was signed on October 24, 2023, and officially unveiled on December 22, 2023 by the governor in the presence of the members of civil society organisations, security agencies, human rights organisations and top government officials.

With this development, Katsina State joins the list of 29 Nigerian states that have domesticated the same law to checkmate gender-based violence such as rape, maiming of spouse, forceful ejection from home, forced isolation, acid bath, and killing after nine years.

Lack of political will, early marriage and other cultural issues have been identified by feminist groups and non-governmental organisations as impediments to the early passage and assent of the VAPP Act in the state.

With the main thrust of eliminating violence in private and public life, the Law prohibits all forms of violence against persons, particularly women and girls who are disproportionately affected. 

It provides maximum protection and effective remedies for victims; the punishment of offenders and for other related matters. 

It was assented to by Governor Radda after consultation with the Council of Ulamas who assured him that no section of the law is in conflict with Islam and the culture of the people of Katsina State.

While other existing laws limited their scope of rape to protect only females in relation to vagina penetration without consent, the Violence Against Persons (Prohibition) Law has expanded the meaning and scope of rape to cover even abuse of persons.

Thus, it defines rape as “When a person intentionally penetrates the vagina, abuse or mouth of another person with any other part of his or her body or anything else; the other person does not consent to the penetration.

“Or the consent is obtained by force or means of threat or intimidation of any kind or by fear of harm or by means of false and fraudulent representation as to the nature of the Law or the use of any substance or additive capable of taking away the will of such person.

“Or in the case of a married person by impersonating his or her spouse; with or without the consent of the person penetrated where he or she is below the age of seventeen or is of unsound mind.”

Punishment for Offenders 

With globally acceptable punishment for offenders, the new Violence Against Persons (Prohibition) Law stipulates the death penalty for rape convicts who infect their victims with HIV/AIDS and life imprisonment for other offenders.

Section 4 (3) proscribes that: “Where a person commits the offence of rape knowing or having reason to believe that he is HIV positive, shall be punished with death.”

The law further says the use of chemical, biological or any harmful substance that causes lifetime deformity to a rape victim will attract life imprisonment without an option of fine.

While any person who attempts to commit rape, will on conviction, be sentenced to a term of not less than 14 years without an option of fine as encapsulated in Section 4 (6) of the Law. Also, people who aids, abets, counsels or brokers the commission of rape would be punished in the same manner.

In the case of rape by a group of persons, the Law stipulates that the offenders are “liable jointly” to a minimum of 20 years imprisonment without an option of fine as enclosed in Section 4 (2b).

It noted that court would award appropriate compensation of not less than N500,000 to a victim of rape, while “A register for convicted sexual offenders shall be maintained by the Ministry of Justice and made open and accessible to the public.”

The Law however states that where the offender is Less than 14 years of age, he will be dealt with in accordance with the Children and Young Persons Law CAP. 23 Laws of Katsina State (1991).

Female circumcision or genital mutilation is also interdicted by the Law. Thus, any person who performs or engages another to carry out such exercise commits an offence and is liable on conviction to a term of imprisonment not exceeding four years.

The prohibition of the genital mutilation, which is contained in Section 8 (1 and 2) further stated that the offender would serve a term of four years or pay a fine of not less than N200,000 or both.

Accordingly, any person who attempts to commit the offence is liable on conviction to a term of imprisonment not exceeding two years or to a fine of not exceeding N100,000 respectively.

Interestingly, Section 20 (1) of the VAPP Law says, “A person who batters his or her spouse commits offence and is liable on conviction to a term of imprisonment not exceeding 3 years or to a fine not exceeding N200,000.00 or both”.

By the provision of this section of the Violence Against Persons (Prohibition) Law, any person found pummelling his wife like Ekere Sunday-Ebong, the Uyo-based lawyer, would be squarely dealt with in accordance with the provisions of the Law.

My Administration has Zero tolerance for Gender-based Violence —Radda 

Unveiling the VAPP Law alongside the Child Protection Law, Governor Radda said the Laws would help in reducing the menace of violence, especially gender-based violence and ensure that the perpetrators were prosecuted in the state.

The governor explained that his administration had a zero tolerance policy towards gender-based violence and other criminalities, hence the signing of the VAPP Act and the Child Protection Bill into Laws.

He said that the Violence Against Persons (Prohibition) Law would provide support to survivors and protect the rights of women and children, adding that his government remained resolute to an egalitarian society.

Governor Radda said: “My administration has a zero tolerance policy towards gender-based violence. Together with your unwavering determination and collaborative efforts, we shall build a Katsina State where the rights and dignity of every individual are sacrosanct.”

However, to ensure the speedy implementation of the VAPP Law, Governor Radda inaugurated a gender-based violence steering committee headed by the state’s commissioner for Women Affairs, Hajiya Zainab Musa-Musawa.

The inauguration of this committee reflects Radda’s unwavering commitment and determination to eradicate the menace of gender-based violence. 

Therefore, members of the committee should work with religious and traditional leaders, media and Civil Society Organisations (CSOs) to extirpate gender-based violence in the state.

The state Ministry of Information, Culture and Home Affairs as well as the CSOs should amplify and translate the VAPP Law into major local languages and make it available to all citizens of the state.

Sensitisation on the VAPP Law should be constant, while government and relevant CSOs should ensure that this sensitisation gets to every nook and cranny of the state by employing traditional media in communities.

Sensitisation on the provisions of the Law would also provide first-hand and credible information to women and men. Awareness of the provisions of the Law and the punishment thereof will serve as deterrent to perpetrators.

CSOs should ensure that information campaigns reach the most vulnerable through multiple communication channels to ensure that beneficiaries are aware of the VAPP Law and that they are equipped with information on how and where to get support, protection and services.

Need to Integrate VAPP Law into School Curriculum 

There is a need for the state government through the relevant agencies of the Ministry of Education to include the VAPP Law in the school curriculum to broaden the minds of children and young people to promote respect for the rights of persons to be free from violence everywhere.

Also, promotion of the Sexual Offenders’ Register in local communities to reverse the shame which aims at redirecting the stigma from the victim to the perpetrator by naming and shaming the perpetrators rather than the victim who may be stigmatised in their community.

Government should also develop and deploy safe reporting mechanisms or put in place institutional mechanisms where women and girls who are victims of violence can feel free to report acts of violence against them in a safe and confidential environment.

The government should establish and provide necessary infrastructure in counselling centres. It should also develop and share a register of service providers with relevant implementing partners and the public.

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With this development, Katsina State joins the list of 29 Nigerian states that have domesticated the same law to checkmate gender-based violence such as rape, maiming of spouse, forceful ejection from home, forced isolation, acid bath, and killing after nine years

Culled from ThisDay