Stakeholders Push Back Against Nigerian Senate: ‘Amend, Don’t Repeal’ VAPP Act 2015

By Oluwaseyi Elizabeth Jimoh

In a shocking move, the Nigerian Senate has secretly initiated the repeal of the Violence Against Persons Prohibition (VAAP) Act, a bill passed in 2015 to protect marginalized female folks in society. Stakeholders have unanimously condemned this move, citing suspicious motives and a lack of transparency.

The VAAP Act was introduced by the Goodluck Jonathan administration’s four days to the end of his tenure in office before he handed over to President Buhari in 2015 to provide support and justice for victims of violence. However, the current repeal effort has raised concerns among stakeholders, who argue that the bill’s flaws can be addressed through amendments rather than a complete repeal.

During an emergency meeting organised by Women Advocates Research and Documentation Centre (WARDC) in collaboration with members of the civil society, non-governmental organizations and the media, including Womanifesto, Techher and LightRay! Media criticized the secrecy surrounding the repeal, questioning the motives behind it.

Hassana Maina, the Lead at Anti-Sexual Violence Lead Support Initiative, (ASVIOL) asked, “Why the secrecy in repealing the VAAP Act? And why are they repealing the bill?” She also questioned the unwillingness of Senator Jibrin Isah’s in engaging members of the civil society, especially women-led organisations who are directly affected by the VAPP Act. She cautioned against the speedy attempt by the law-making institution that refused stakeholders input from across the country in the passage of the Repeal of VAPP Act when there are sufficient data and case studies to prove the efficiency of the VAPP Act 2015 since its passage by the 9th assembly.

The stakeholders identified several issues with the original VAAP Act, including hurried passage, defects in the law, wrong references to the constitution, low fine fees for offenders, etc., they however, emphasized that these issues can be addressed through amendments rather than a repeal.

Dorothy Njemanze, ED, Dorothy Njemanze Foundation raised concern on the increase of the number of women who are the recipients of violence on a daily basis, adding that outstanding court cases will be threatened if VAPP Act is repealed as issues of public spaces are already defined, emphasing that there is no justification for revocation or annulment of the existing act.

An analysis of the proposed repeal bill revealed significant differences from the original VAAP Act, including:

1. Renaming of the Act
2. Introduction of gender-neutral language
3. Provisions inimical to the Act’s objectives

Stakeholders argued that these changes undermine the Act’s purpose and protections for women.

Dr. Abiola Akiyode-Afolabi, Executive Director, (WARDC), emphasized that the VAAP Act is already operative in the FCT and 36 states, and repealing it would negate its successes. She therefore called for a section-by-section analysis of the law to identify areas for improvement. However, she emphasised that existing VAPP Act that has been domesticated in other states in Nigeria are not affected by the current bill for a repeal of the VAPP. She clarified that the VAPP Act Repeal is strictly for the Federal Capital Territory, FCT, Abuja, exclusive of other states. “We need everyone to have this clarity. The VAPP Act Repeal is for the FCT in Abuja, and not across other states in Nigeria.”

Dr Kemi DaSilva, ED, Women At Risk Foundation (WARIF) agrees with Dr. Afolabi-Akiode on current content of the VAPP Act as being sufficient enough requiring line-by-line analysis for an amendment, but not a repeal, as this is tantamount to throwing away the baby and the bath water. She explains: “We are pushing back.
VAPP Act needs review, no doubt, but beyond emotional reaction, based on the historical aspect of the past, we need to focus on specific areas already highlighted and see where amendments are needed”, she emphasised.

It would be noted that since 2015 t0 2024, there has been high number of domestication violence across states, and especially more so since the COVID-19 pandemic lockdown till date.

The Moderator of the VAPP Act analysis, Lady Ejiro Umukoro, ED LightRay! Media, called on the need to have legislative aides working with senators and house of representatives be properly trained on how to write draft title of bills, language used in the content of bills, ans how to engage stakeholders and their imput into lawmaking. While she commended the addition of a more definition of what consent means, she buttressed the importance of having the critical voices of women be reflected in the act that has a direct impact on women’s lives, health and survival.

Former ActionAid Nigeria Country Director, Ene Obi emphasised the need to have a follow-up stakeholders engagement with Senator Jibrin Isah from Kogi State on the need for an amendment and not a repeal as well as during the public hearing.

Other stakeholders highlighted the need for data on successful case studies under the VAAP Act, engagement with civil society, and institutional involvement in the amendment process in a more transparent and accountable manner.

In conclusion, stakeholders unanimously rejected the repeal of the VAAP Act, calling for amendments to address its flaws rather than a complete repeal. They vowed to amplify their efforts to protect the rights of marginalized female folks in society.