Thus, the VAPP Act applies only to the Federal Capital Territory and is not binding law in a state unless adopted by that state. As stated in Section 47, the Act is a product of federal legislation enacted in regard to criminal law, a residual matter over which the states have exclusive legislative power pursuant to the Nigerian Constitution. The Act provides a procedure for injured parties to apply for a protection order and empowers the High Court of the Federal Capital Territory with jurisdiction to hear and grant applications brought under the Act.
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Notably, the Act defines the offense of rape in Section 1(1) without an exception for marital rape, which had not traditionally been recognized as an offense (note that the Penal Code Act of 1960 does include an exception for marital rape). The Act also provides protections against offenses that affect women disproportionately, including a prohibition of female genital mutilation forceful ejection from home forced financial dependence or economic abuse forced isolation emotional, verbal and psychological abuse harmful widowhood practices and spousal battery, among others. Violations under any of sections 55-56 of the Act carry with them a fine, imprisonment for a term not to exceed one month, or both.Īs stated in the accompanying Explanatory Memorandum, the Violence Against Persons (Prohibition) Act aims to “prohibit all forms of violence against persons in private and public life, and provide maximum protection and effective remedies for victims and punishment of offenders.” The Act provides general protections against offenses including infliction of physical injury, coercion, offensive conduct, willfully placing a person in fear of physical injury, willfully making false statements against another person, damage to property with intent to cause distress, and deprivation of personal liberty. Under Section 57, the Minister, at any time, may prohibit or restrict women from employment in any particular industry or in any process or work carried out.
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Under Section 56, no woman may be employed in any work that requires time in any underground mine unless they hold positions of management and do not perform manual labor, are employed in health and welfare services, or are working as part of their courses of study. However, under 55(2) female nurses in either sector are allowed to work at night, as are women working in management positions not “ordinarily engaged in manual labour.” Women who work at night because of unforeseeable and nonrecurring work interruptions or who work with materials that require night work because of rapid deterioration are provided with a possible defense to the law. Under Section 55(1), women are prevented from working at night in any industrial or agricultural position. Section 282 discusses rape and specifies that sexual intercourse by a man with his wife is not rape if she has gone through puberty. These offenses also carry a penalty of imprisonment, fines, or both. Sections 233-235 discuss the causing of a miscarriage intentionally or unintentionally through acts against the mother. Any person, including the mother, can be guilty of the offense and will be punished with up to 14 years in prison, a fine, or both. Referenced in the law as the causing of a miscarriage, abortion is only legal to save the life of the mother. Grievous hurt is defined in section 241 as “(a) emasculation (b) permanent deprivation of the sight of an eye, of the hearing of an ear or the power of speech (c) deprivation of any member or joint (d) destruction or permanent impairing of the powers of any member or joint (e) permanent disfiguration of the head or face (f) fracture or dislocation of a bone or tooth (g) any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain or unable to follow his ordinary pursuits.” The law concerning abortion is found in sections 232. Section 55(1)(d), subject to customs that have been recognized as lawful, allows a husband to “correct his wife” as long as it does not amount to “grievous hurt.” Section 55(2) goes on to state that the correction must be reasonable in kind or degree with regards to the age, physical, and mental conditions of the person being corrected. The Penal Code applies to the northern states of Nigeria.
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