2015 Violence Against Persons (Prohibition) Act, And the Challenge of Infanticide In Federal Capital Territory, Abuja, Nigeria

by

Emeh Magnus

Assistant Chief Intelligence Officer

is no gain saying the fact that the survival of any social system is highly dependent upon the quality of women and children it has. Whereas the woman has the nation in her womb, the child has in like manner the future. In recognition of this fact, the United Nations through its relevant organs places more emphasis on the development of these two endangered groups. For instance there is a standing committee on the elimination of all forms discrimination against women and the rights of the child. This underscores the importance of this special group.

Nigeria being a member of the United Nations accepts the Universal declaration of human rights and proceeds to include it in all its constitution since independence. For the purpose of emphases this is found in Chapter Four of the constitution.  These inalienable  rights include : right to life, right to dignity of human person, right to personal liberty, right to fair hearing, right to private life, right to freedom of thought, conscience and religion, right to freedom of expression and the press, right to peaceful assembly and association, right to freedom of movement, right to freedom from discrimination.  As sacrosanct as this right, the most vulnerable in the society still has not been so lucky to enjoy these rights. In the words of Ray Afujue, a retired deputy comptroller general of Nigeria Prisons Service ‘In Nigeria for example, the girl child suffers all kinds of discrimination for simple reason of inheritance’. He went further to say that ‘their education can be jettisoned to the advantage of their parents, she could be given out for marriage against her will, if a family is facing hardship, she could be considered as a product that can be given out to solve some economic and financial problems in form of debt bondage’. In the men dominated world, these two vulnerable groups have to depend on the former for their survival and existence. In crises situation, they form bulk of the victim of this social dysfunction. Narrowing it to the child, the situation is not in any way better by reason of their inability to defend themselves in the hands of the wicked world they have found themselves.

Going down the memory lane, it could be recalled that the Federal Government of Nigeria Country report on violence against Children by the Federal Ministry of Women Affairs submitted to the UN Secretary General’s independent expert on the study of violence against children in July/ August 2004.

The report sought to highlight not only the general and specific legislative, institutional, policy and administrative measure adopted in addressing various forms of violence against children but also the short and long term strategies to provide care, rehabilitation and reintegration of child victims, as well as the difficulties encountered in data collection, analysis, research and proper document of the magnitude, incidence and consequences of various types of violence.

Nigeria Legal Framework in response to International human rights instruments in respect to violence against children

Since the ratification of the United Nations Convention on the Rights of the Child (CRC), the AU Charter on the Rights and Welfare of the Child and other relevant international instruments, Nigeria has instituted various legislative and institutional measures at both the Federal and State levels, aimed at addressing various forms of violence against children; some recently enacted legislations include:-

• The Child’s Rights Act (CRA) 2003;

• Trafficking in Persons (Prohibition) Law Enforcement and Administration Act 2003;

• Ebonyi State Law No. 010 (2001) on the Abolition of Harmful Traditional Practices Against

Children and Women;

• Edo State Female Genital Mutilation (Prohibition) Law 2002;

• Edo State Criminal Code Amendment Law 2000;

• Bauchi State Hawking by Children (Prohibition) Edict of 1985 CAP 58;

• Cross River State Girl Child Marriages and Female Circumcision (Prohibition) Law 2000;

• The Sharia Penal Codes of Zamfara, Kano Kebbi, Kaduna and Sokoto States of Nigeria equally protect children against various forms of physical and psychological violence.

The Government of Nigeria has also evolved some institutions charged with child protection issues including protection against violence. These include:

• National and State Child Rights Implementation Committees;

• Child Development Departments in the Federal and State Ministries of Women Affairs.

• National Council of Child Rights Advocates of Nigeria (NACCRAN) as the umbrella NGO involved in Child Rights advocacy;

• Nigerian Children’s Parliament, inaugurated by the President of Nigeria

• National Agency for the Prohibiting of Trafficking in Persons (NAPTIP)

Documented Participation of the Nigerian Government Internationally

The Government of Nigeria has been very active at international fora and especially those that relate to child protection issues. Some of these include:

• The International Summit on Children (1989)

• Libreville Conference on Violence Against Children (2000)

• Togo Conference on Violence Against Children (2000)

• Arab-African Forum Against Sexual Exploitation of Children (2001)

• Yokohama Conference Against Commercial Sexual Exploitation of Children (2001)

• Global Movement for Children (2002)

• ECOWAS Peer Review on Child Protection (2003)

• Fourth Africa Regional Conference on Child Abuse and Neglect (2004)

• ILO Programme on Child Labour (2004)

In addition Nigeria observes various special days during which issues concerning child abuse, neglect and exploitation are addressed. Such as:

– National Children’s Day (27th May)

– Day of the African Child (16th June)

– International Children’s Day of Broadcasting (2nd Sunday of December )

– Global Match Against Child Labour(Annual event)

The Crux of the matter

According to Albert Thomas ‘the exploitation of childhood and womanhood constitutes the evil the most hideous, the most unbearable to human heart’

The Violence Against Persons (Prohibition) Act, 2015 (to be referred to as VAPP Act) was signed into law by President Goodluck Jonathan on 25^th May, 2015.

The thrust of this law is to eliminate violence in private and public life, prohibition all form of violence against the human person, to provide maximum protection and effective remedies for victims of violence and punishment of offenders.

The Violence Against Persons Prohibition Act provides a legislative and legal framework for the prevention of all forms of violence against vulnerable persons, especially women and girls.  The law prohibits economic abuse, forced isolation and separation from family and friends, substance attack, depriving persons of their liberty, incest, indecent exposure.

Furthermore it abolishes Female Genital Mutilation, unfair widowhood practices and other harmful traditional practices, forceful ejection of spouse; spousal and children abandonment, causing forced financial dependence; among others.

The Violence Against Persons Prohibition Act in addition to making provisions for policing, regulation and punishment, contains ample provisions which safeguard victims’ right to protection and restitution for wrongs meted out to victims of violence by offenders.  This is clearly a review of the victimology recompense regime, incorporating trauma counseling, facilitating and supporting survivors. This is an acknowledgement of trauma suffered by victims and need to restore them to some kind of acceptable social and psychological footing.

The new Legislation reinforces the legal regime on violence against persons in Nigeria and brings it into conformity with contemporary trends in criminal justice legislations which emphasize restorative justice for victims of crime.

According to Sections 40 and 46 of the Act, service providers are governmental, non-governmental, faith based, voluntary and charitable associations registered under the Companies and Allied Matters Act 1990 or by the Corporate Affairs Commission with the objective of leveraging on their various capacities in protecting the rights and interests of victims of violence including providing shelter, counselling, legal aid, medical, financial and other assistance).

SCOPE AND APPLICATION OF THE VAPP ACT

The Law is in operation only in the F.C.T and as such the F.C.T, High Court is vested with jurisdiction to try cases under the Act.

            This jurisdiction however, is not restricted to the High Court since the Act also recognizes the Magistrate Courts vested with jurisdiction to entertain applications made pursuant to the Act.

            It is therefore important to state that the High Courts of the F.C.T have jurisdiction to entertain cases or prosecutions under the Act, whereas the Magistrate Courts can make Orders pursuant to an application under the Act.

            Section 44 of the Act vests in NAPTIP the powers to administer the Act.

In administering the Act, NAPTIP is required to coordinate all activities and programmes geared towards the realization o the letter and spirit of the Act.

            Prosecution of offenders under the Act is one of the cardinal responsibilities of NAPTIP under the Act.

            This is borne out of the fact that 29 Sections out of the 46 Sections of the Law deal on offences and penalties, hence the onerous responsibility of prosecution of cases under the Act.

 OFFENCES AND PUNISHMENTS UNDER THE VAPP ACT

There are 26 major offences under the Act but for the purpose of   this article, my attention will be focused on the relevant ones to this intellectual exercise.

Section 2 – Inflicting physical injury on a person- Imprisonment for 5 years or a fine not exceeding N100,000 or both .

Section 3 – Coercion – which inflicts physical injury to another- Imprisonment for 3 years

Section 4 – Wilfully placing a person in fear of physical injury- Imprisonment not exceeding 2 years or a fine not exceeding N200, 000 or both

Section 7 – Frustrating the investigation and prosecution of an offender under the Act.- Imprisonment not exceeding 3years or a fine not exceeding N500,000 or both

Section 8 – Wilful making false statements – oral or documentary in any judicial proceeding under the Act.-Imprisonment not exceeding 1year or a fine not exceeding N200,000 or both

Section 16 – Abandonment of spouse, children and other dependants without sustenance-Imprisonment not exceeding 3years or a fine not exceeding N500,000 or both

Section 20 – Carrying out harmful traditional practices on another- Imprisonment not exceeding 3years or a fine not exceeding N500, 000 or both

BABARIC KILLING OF TWINS, ABINOS, A CHILD THAT SURVIVES WHILE THE MOTHER DIES AND A CHILD THAT GROWS THE UPPER TOOTH BEFORE THE DOWN ONE.

Without any scintilla of gainsaying, the Federal Capital Territory , Abuja the seat of Power to our own beloved Nation ironically harbours several communities where the barbaric killing of twins, Abinos, a child that survives while the mother dies and laughably a child that God blesses with the upper tooth before the down one. I can only imaging the tears on the eyes of Mary Slessor in her grave. She was a Scottish missionary who lived in Nigeria in the 19^th century helping to curb the killing of twins in Southern Nigeria. No wonder the word of the scripture in Hosea 4 vs 6 says pitiably that my people are destroyed for lack of knowledge. These communities have continuously become   a terra cognita of unending killing of innocent children who are seen in their own myopic eyes are labelled as ‘evil children ‘ and as such are denied the inalienable right to live as enshrined in our supreme authority called the ‘Nigerian Constitution’ . A visit to a missionary home known as Vine Heritage Home which currently harbours and fosters One hundred and eighty children who have escaped death through the timely information from informants   and Missionaries could better be described as mind bugling and unfortunate in the 21^st Century. It is however sad tonote thatthis is happening in the seat of the Capital, Abuja. A visit to Kuje Area Council with Pastor Dahi, who visited the Country from Belgium, his wife and I on fact finding mission on the 9^th of January, 2017 was not only revealing but shocking. To say the least, one wonders if we are in the 15^th Century. The only difference between this heinous crime to humanity and the Islamic state of Iraq and Syria (ISIS), the dreaded Al-Qaeda and the Boko Haram (BH) sects is their mode of operation, their ideology, cultural or religious undertone are simply the same. No matter the ideology put forward the act is simply barbaric, heinous and unacceptable to convention which Nigeria is party to. True enough; threats to human existence the World over vary in nature, prosecution, objectives and environmental conditionings. In spite of its motives, they all have a common denominator and that is dishonesty, injustice and flagrant display of unfairness. Perhaps it is trite to note that this article does not in any way obliterate the fact that causes of most killings are due to ignorance, unwillingness of state parties to step up their game by wielding the big stick of authority or mandate. This could be blamed on the contradiction between policy declaration and policy implementation.

Communities in FCT involved in the infanticide in this 21th Century

Laughable Reasons for the Infanticide in FCT

According to the administrator of the Vine Heritage Home Mr Olusola Stevens, “There are several reasons why children in those communities stand a chance of being deliberately killed. Within the FCT, the native Bassa-komo communities have this unusual traditional belief that if a mother dies from child birth or while nursing a baby, the baby is evil and must therefore be killed by being buried (alive) with the deceased mother. Over 70% of the children currently living in Vine Heritage Home were rescued for this very reason.

Other reasons why some infants are being killed in these communities include the belief that twins and other forms of multiple births are abominations and portend evil and as such the babies are killed shortly after birth by being left to starve, poisoned, or buried alive. About 20% of other 72 children currently residing at the Vine Heritage Home belong to this category.

Other traditional bases for infanticide in these native communities include:

• Growth of the upper teeth before the lower teeth in infants.
• Sacrifice of infants unto the local deity so as to have a bountiful agricultural harvest.
• Children born with defects “

The question that readily comes to mind is what sin has the vulnerable group in our society committed? The paradox of this abnormal trend is the fact that women and children are at the receiving end of this man inhumanity to man.

Options available to National Agency for the Prohibition of Trafficking in Persons (NAPTIP) to curb this unwholesome and barbaric practice.

The Violence Against Persons Prohibition Act provides a legislative and legal framework for the prevention of all forms of violence against vulnerable persons, especially women and girls.  The law prohibits economic abuse, forced isolation and separation from family and friends, substance attack, depriving persons of their liberty, incest, indecent exposure.

Furthermore it abolishes Female Genital Mutilation, unfair widowhood practices and other harmful traditional practices, forceful ejection of spouse; spousal and children abandonment, causing forced financial dependence; among others.

Section 44 of the Act clearly states that “National Agency for the Prohibition of Trafficking in Persons (NAPTIP) is mandated to administer the provisions of this Act and collaborate with relevant stakeholders including faith based organisations.

Key Strategies that should be adopted in combating this heinous crime in FCT

The key strategies that should be adopted by NAPTIP in combating this crime, in line with globally recognised standards, are encapsulated in four P’s: Prevention, Protection, Prosecution and Partnership. 

Prevention – Thisincludes public enlightenment through awareness raising and all educational activities aimed at providing information to the general public on the VAPP Act 2015. These encompass awareness raising campaigns, jingles, films, research, training and other policies and programmes which help to reduce vulnerability of persons to barbaric culture.

Protection – This requires taking all necessary measures to protect the human rights of rescued victims.  It entails that victims being  placed at the centre of all counter rescue operations using the following activities:

1. Identification and rescue;
2. Direct assistance: This includes access to reception services, sheltering, basic welfare, counselling, health, psychological, psychosocial, legal, recreational, educational, and vocational and other empowerment services.
3. Family tracing, counselling and reunion;
4. Return and Reintegration;
5. Witness protection: This entails making provisions for witnesses to be protected from threats and intimidation using various procedures before, during and after judicial processes. Often victims play an integral role in the successful prosecution of criminal cases.

Prosecution – This involves law enforcement by way of investigation and prosecution of the perpetrators to serve as a specific and general form of deterrence.  Effective prosecution extends to ensuring that penal provisions are stiff enough to punish offenders and deter would-be perpetrators.

Prosecution also includes all efforts at equipping investigators, prosecutors and judges to better deal with VAPP cases.

Partnership – Being a form of cultural defect,responding to it is necessarily a multidisciplinary activity. It is therefore necessary to create and sustain partnerships to achieve success in the fight. Hence, the need to partner with faith based organisation locally and internationally.

While government institutions may not be able to completely erase the impact of rescued on victims, they can facilitate the provision of qualitative and professional assistance and services that support the wholesome reintegration of victims into society.

Partnerships and collaboration must exist at the levels of policy and strategy including policies on child’s rights, social protection, law enforcement etc; national security strategy and crime control strategy and technical, tactical and operational in the sense of field operations.

HOSTELS WHERE THE RESCUED CHILDREN ARE KEPT

HOSTELS WHERE THE RESCUED CHILDREN ARE KEPT

PASTOR DAHI & THE WIFE INTERVIEWING DR MRS OLUSOLA STEVENS THE MISSONARY

THE ABINO THAT SURVIVED BEING SACRIFICED FOR BUMPER HARVEST

Figure 1A Boy That Given Poisous Concosion But Survived