The
Lagos State Ministry of Justice says certain provisions in the 2014
Sexual Offences Bill passed by the National Assembly were inconsistent.
The ministry therefore urged President Muhammadu Buhari to review the bill before signing it into law.
The Permanent Secretary and
Solicitor-General, Lagos State Ministry of Justice, Lawal Pedro, stated
this in Ikeja, a statement said on Wednesday.
The response of the government was at
the instance of the Domestic and Sexual Violence Response Team – a group
of experts coordinated by the ministry.
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Pedro said the bill, if not reviewed, could lead to an increase in the incidence of sexual abuses in Nigeria.
He said, “We find it compelling to bring
to the fore certain provisions in the bill which are considered
offensive, obnoxious and inconsistent. These provisions are likely to
increase the incidence of sexual abuses in the country.
“Section 7(5) of the proposed bill says,
‘It is a defence to a charge of defilement of children if it is proved
that such child deceived the accused person into believing he or she was
over the age of 18 at the time of alleged commission of offence’.
“This provision is inconsistent with the
interest and welfare of children and is contrary to the Child’s Right
Act 2003 and Child’s Rights Law of Lagos, 2007.”
Pedro added that the bill, which said in
Section 9 that any person who committed the offence of rape or
defilement in association with others was guilty of gang rape, and was
liable to imprisonment for life, would be problematic during
prosecution.
He said, “The offence of rape, like
murder, cannot be charged jointly because of the difficulty in proving
that each individual committed the act. It must be charged separately in
different counts. It is therefore suggested that this section be
expunged from the bill.
“The team also notes that the bill
trivialises sexual offences in Nigeria by imposing smaller fines on
offenders. Section 10(5) for instance provides the sum of N20,000 for
the offence of indecent assault. The purpose of the punishment section
is to serve as deterrent to others, so the fines should not be easily
afforded by offenders.”
The Permanent Secretary noted that the DSVRT team would submit its memorandum to the presidency to consider the amendments.
Copyright PUNCH.
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