Against the backdrop of rising cases of raping minors and women in the society, a bill was initiated in 2013 by Senator Chris Anyanwu to fight unlawful sexual offences and it was passed into law. However, almost five years after, statistics continue to reel out more rape victims in the country. KEHINDE OSASONA looks at the encumbrances in the way of getting justice for victims, and how they can be eliminated
Rapists on rampage
Research has shown that on a yearly basis, millions of people are raped and sexually abused globally, with children being the most vulnerable.
In Africa, report has it that places where children are known to suffer sexual high assault are Zimbabwe and Nigeria, with the latter assuming the top position among nations with severe cases of rape.
Therefore, in curtailing the scourge of sexual abuses which has become a global phenomenon, the United Nations Children’s Fund (UNICEF), had in a published annual report, declared sexual violence against children as gross violation of children’s rights.
Also, as a way of upholding its commitment to the convention on the rights of the child, optional protocol on the sale of children, child protection and child pornography and the Rio de Janeiro Declaration, the organisation had on several fora, called for action to prevent and stop sexual exploitation of children and adolescents in the global society.
Nigerian situation
Coming back home, sensing that the menace is gradually becoming a hydra-headed monster in the country and on the verge of eating deep into its social fabrics, concerned Nigerians raised their voices in not only condemning the dastardly act, but to also discourage factors that often fuel the culture of rape in the society. Not only that, there was lobbying, here and there, towards stiffer legislative action to curb the ugly trends.
The respite
However, respite came in 2013 when the lawmaker representing Imo East Senatorial District in the National Assembly, Chris Anyanwu, sponsored a bill seeking among others, to prescribe life imprisonment for gang rape, 10 years for incest, another 10 years imprisonment for child pornography or more and a fine of N2 million as well as 14-year-jail term for sexual offences. This was received with thunderous applause by all and sundry, especially Non-Governmental Organisations and stakeholders in Nigeria who specialise in issues relating to child protection against sexual or any form of abuse.
NASS’ intervention
Justifying the bill, the then Chairman, Committee on Judiciary, Human Rights and Legal Matters, Umaru Dahiru, said the bill sought to redefine and consolidate existing laws on sexual offences.
Towing the same line, Senator Anyanwu explained that the law seeks to make a comprehensive legislation on sexual offences by criminalising certain acts such as sexual tourism, child pornography and cultural and religious sexual offences in our criminal jurisprudence.
“The new law also provides for effective witness protection programme to protect victims and witnesses in trial for sexual offences. It also provides for compulsory documentation, supervision of sexual offenders and medical treatment for victims, which is in line with the global trend and finally, and most importantly, it provides for adequate and stringent punishments to perpetrators.
“The new sexual offences law also criminalises people who deliberately lace drinks with drugs to sexually abuse victims, prostitution of persons with mental disabilities, among others, Anyanwu explained.
Much later, the Senator David Mark-led Nigerian Senate approves new sanctions for a range of offences, including life imprisonment for rapist, assuring that the legislation would address some of the evil customs of the society.
As mooted by the former Senate Leader, Victor Ndoma-Egba, the bill seeks to eliminate violence in private and public life. More specifically, it seeks to prohibit all forms of violence, including physical, sexual, psychological, domestic, harmful traditional practices and discrimination, against persons.
Sections one and two of the bill increases punishment for rape and other sexual offences, and according to the bill, the offender shall be liable to a minimum of 14 years in jail. In a situation where the offence is committed by a group of people, it shall be known as gang rape and the persons involved shall be liable jointly and severally to a minimum of 20 years imprisonment without an option of fine.
Legal views
Legal experts and child rights advocates are of the views that various legislative enactments in Nigeria, particularly the Violence Against Person’s (Prohibition) Act 2015 vis-a-viz other legislations such as the Penal Code, Criminal Code, Child Right Act, Evidence, had not all been invoked enough at ensuring that rape victims get justice in the court of law without leaving any lacuna and or saving clause for the offenders, especially under the Violence Against Persons (Prohibition) Act.
A human rights lawyer and expert in sexual assault cases, Evans Ufeli, once disclosed that despite overwhelming reported cases of sexual assaults, Nigeria has recorded only 18 rape convictions in its legal history.
Ufeli made the disclosure in Lagos at a public forum tagged “The Conversation,’ a quarterly public dialogue that focuses on child abuses and parenting in Lagos.
He observed that, “the Nigerian criminal code recommends life imprisonment for rape convicts and 14 years for attempted rape, but only 18 people have ever been convicted in Nigeria.”
The lawyer noted that matters on sexual abuse in law courts are sometimes frustrated by the government, which usually acts as the prosecution.
“Government agents who are saddled with checking sexual assaults, especially the police and public prosecutors, compromise their profession,” Ufeli said.
Police statistics
Also, statistics that emanated from the Nigeria Police Force, showed that the nation recorded 1,827 rape cases in 2015; 1,959 cases in 2014; and 1,788 in 2013.
Furthermore, NOIPolls, country-specific polling services in the West African region, done in partnership with Gallup, United States of America, revealed that four in 10; that is 36 per cent of adult Nigerians, claimed that most often, the alleged offenders involved in child rape were close family relatives and neighbours; amounting to 33 per cent, as almost half; amounting to 49 per cent of those that personally know a victim alleged that they were usually children between 7and 12-year-old. Also, 78 per cent of the respondents alleged that rape cases were reported without any deliberate effort by the police to investigate and prosecute the culprit.
Female lawyer to the rescue
Members of International Federation of Women Lawyers (FIDA) in decrying the spate of rape against minor and women in Nigeria, have warned that unless the trend changes, the nation’s quest for a brighter future would be unattainable.
The group said: “We would take the advocacy to all the 36 state governors and Speakers of Houses of Assemblies towards enacting relevant laws against the crime.”
Speaking through its African Regional Vice President of the Federation, Mrs Laraba Shuaibu, the female lawyers equally kicked against constant rape and violence against children and women at the Internally Displaced Camps (IDPs) across Nigeria. They pledged to work in collaboration with police and other security agencies to bring identified culprits to book via free legal services so that rape victims can get justice and to serve as deterrent to other perpetrators.
Lagos example
In taming the menace, just last month, the Lagos State Governor, Mr. Akinwunmi Ambode, had, through its state’s Domestic and Sexual Violence Law, advocated 25-year-jail term for rapists and perpetrators of all forms of domestic violence as part of aggressive steps to put a stop to the menace.
He said it was time to take the fight one step further by amending the Protection against Domestic Violence Law, 2007, and also come up with strict punitive measures that would serve as a deterrent to perpetrators of such act.
“Rape should not be met with light sentencing; the minimum sentence of 25 years is highly recommended. We need new laws, which will respond adequately to the nature and occurrences of this era. Domestic Violence is a crime and should be treated as such,” the governor further explained.
Alleged N16bn fraud: Ex-IGP Ehindero has case to answer, says ICPC
Stories by Kehinde Osasona
Abuja
The Independent Corrupt Practices and Other Related Offences Commission (ICPC), has said that it is set to resume prosecution of former Inspector-General of Police Sunday Ehindero, for alleged N16 billion fraud.
A spokesperson of the commission, Rasheedat Okoduwa, disclosed this in a statement in Abuja over the weekend.
Mrs. Okoduwa said the case against Ehindero, who was the IGP between 2005 and 2007, would continue at the FCT High Court in Abuja.
The former police boss is facing trial for alleged criminal conversion of money belonging to the Ministry of Police Affairs into personal use while in office, according to the ICPC spokesperson.
“This development followed a Supreme Court ruling dismissing the appeal filed by the former police chief, challenging the jurisdiction of the commission and the FCT high court to try him.
“Ehindero and an accomplice had in 2012 been arraigned on a six-count charge of conspiracy to criminally convert public funds totaling N16,412,315.00.
“The allegedly diverted funds were the interests generated from the sum of N557,995,065 police money he had placed in two fixed deposit accounts at Wema Bank Plc and Intercontinental Bank Plc.
“The said money was donated by Bayelsa State Government to the force at the time to enable it purchase equipment for proper policing of the state,” she said.
Mrs. Okoduwa alleged that the principal sum donated was transferred to the Ministry of Police Affairs from the accounts without the interests earned.
This, according to her, formed the crux of the allegations against the accused.
She recalled that on June 6, 2012, Mr. Ehindero filed a preliminary objection asking the trial court to strike out the amended charges for want of jurisdiction and competence.
He also prayed the court for an order restraining any official of the ICPC from prosecuting him, for not having constitutional power to do so among others.
“In the reserved ruling delivered on Sept. 21, 2012, the trial judge dismissed the application in its entirety.
“Thereafter, the former IGP proceeded to the Court of Appeal and again his appeal was dismissed.
“Ehindero took the matter to the Supreme Court where he has been asked to face his trial.
“The matter ought to have come up on Wednesday, April 11, 2018, for further mention, but the court did not sit,” Mrs. Okoduwa said
NUJ to DSS operatives: We demand justice over assault on journalists
The Osun state chapter of the Correspondents Chapel of the Nigerian Union of Journalists has rejected the monetary compensation offered to the correspondent of The Point, Mr. Timothy Agbor, whose mobile phone was destroyed after he was thoroughly beaten up by some operatives of the Department of State Services.
The union has therefore demanded that only justice in competent court of law could compensate for the brutalisation meted out to its members.
Three officials of the DSS had during the week, brutalised Agbor and Toba Adedeji, a reporter with Osun Defender, during a protest by the Nigeria Union of Local Government Employees.
Agbor’s phone was destroyed by the overzealous security agents, while Adedeji also suffered injuries.
Secretary of the chapel, Mr. Olaniyi Ajibola, said on Tuesday that the DSS sent N40,000 to Agbor, but the chapel had rejected the offer.
He said, “The DSS sent N40,000 to Timothy Agbor, but we have returned the money to the sender. The agency said the money was meant for the mobile phone that was destroyed. We are not interested in money. What we are interested in is justice.
“Many operatives of the DSS in this state are known for this kind of behaviour; they attack journalists at will and without provocation.”
Ajibola had earlier in a statement called on the Presidency to caution the DSS operatives.
The secretary stated that apart from attacking journalists, DSS operatives in the state had also been terrorising other residents without any cause.
The statement read in part, “Operatives of the DSS in Osun State, by their conduct over the years, appear to be totally bereft of their fundamental role in internal security arrangement, as well as requisite orientation on civil interaction.
“It is against this backdrop that we call on the Presidency to intervene through its appropriate organ, to save our members from further assault and intimidation.
“We demand the sanction of the erring officers and a warning to the command, as we continue to clamour for justice.”
Meanwhile, the Civil Societies Coalition for the Emancipation of Osun State has given the state DSS a 14-day ultimatum to tender a public apology to the two brutalised journalists.
Chairman of the CSCEOS, Mr. Sulaiman Adeniyi, disclosed that the group would sue the security agency if it failed to apologise.
Ogun police: Currency hawkers to face court prosecution
The Ogun State Police Command says it has arrested five persons in different parts of the state for allegedly hawking naira notes.
According to the command, the suspects, namely; Toyin Alegbe, Kehinde Akinbode, Shoneye Latifat, Kehinde Olanrewaju and Iyanuoluwa Shokunbi, would soon be charged to court.
The police report indicated that they were arrested in Ijebu Ode, Sagamu and Abeokuta during sting operations jointly carried out by the operatives of the command and officials of Central Bank of Nigeria on Thursday.
The state Police Public Relations Officer, Abimbola Oyeyemi, said the operation was in line with the provisions of Section 21(1) of the CBN Act 2007 which made hawking, selling and abuse of naira a punishable offence.
He said various denominations of naira notes totalling N1,560,000 were recovered from the suspects who were publicly exhibiting their illicit trade.
Meanwhile, the state Commissioner of Police, Ahmed Iliyasu, has directed the Deputy Commissioner of Police in charge of the state Criminal Investigation and Intelligence Department, Aminu Alhassan, to commence a full-scale investigation into the activities of the currency hawkers.
Iliyasu equally warned members of the public to desist from any act capable of soiling, or destroying the naira ‘which is one of the symbols of our national identity. ”
