Lagos lawyer and human rights activist, Chief Femi Falana (SAN) has joined forces with nobel laureate, Prof. Wole Soyinka, in urging President Muhammadu Buhari to withhold his assent to the Sexual Offences Bill, otherwise known as the anti-rape bill passed by the 7th National Assembly.
In a letter he co-wrote with his wife, Funmi, and addressed to Soyinka yesterday, Falana, who threatened to go to court if the controversial Sexual Offences Bill is passed into law, accused members of the last National Assembly of not paying attention to the provisions of the bill.
“Having passed the Bill, the Senate cannot plead non est factum in the circumstance. It has to bear full responsibility for the legislative negligence,” he stated.
Falana and Soyinka’s grouse with the bill borders on the age limit set for potential victims by the bill. The bill stipulates a life imprisonment for any individual found guilty of rape or sexual intercourse with children under 11 years; 10 years for incest; 10 years for child pornography or a fine of N2 million; and 14 years for sexual abuse, among others.
The implication of this provision in the bill is that incidents of rape will not be considered crimes if the victims are older than 11.
Put arguing that those age limits were inserted wrongly into the original bill, Falana said, “But since the obnoxious provision was illegally inserted by the Committee on Judiciary and Legal Matters without approval, the Senate ought to reverse itself and amend the relevant provisions of the Sexual Offences Bill, 2015. Our Law firm has made a request to that effect.
“If the Bill is eventually passed into law with its obnoxious provisions, we shall not hesitate to pray the Federal High Court to strike it down in view of Article 18(3) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004 which has imposed a duty on the government of Nigeria to ensure the elimination of every discrimination against women and ensure the protection of the rights of the woman and the child, as stipulated in international declarations and conventions.”
Noting that the Bill was yet to be forwarded to the president for his assent since it has not been passed by the House of Representatives, Falana recalled that Senator Chris Anyanwu who sponsored the Sexual Offences Bill had justified the urgent need to pass it to save girls and women from sexual exploitation and molestation.
He continued: “When the Bill was unanimously passed for a second reading by the Senate on November 21, 2013, it sought to prescribe a penalty of life imprisonment for the offence of defilement of children less than 18 years of age.
“It also provided for compulsory documentation, supervision of sexual offenders and medical treatment for rape victims, while it strengthened the weak protection offered victims and witnesses in trials for sexual offences.”
Recalling further that the bill was referred to the Senate Committee on Judiciary and Legal Matters for further legislative work, Falana said “it was that committee that illegally removed the age of 18 years and replaced it with 11 years.
“The inserted clause is inconsistent with Section 29(4)(a) of the Nigerian Constitution which provides that ‘full age’ means the age of 18 years and above,” he added.
Anti-rape Bill: Falana Threatens Legal Action Over President’s Assent
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