General Overview of the Violence Against Persons (Prohibition) Act 2015

…BuildingstrategicleadershipforsustainabledevelopmentinAfrica
www.centrelsd.org
General Overview of the Violence
Against Persons (Prohibition) Act 2015
Vincent Dania
Campaign Manager
Network of Men Leaders to End Violence Against Women, Nigeria
vincent.dania@centrelsd.org|08034210082

www.centrelsd.org
Presentation Outline
• Brief overview of the VAPP Act
• Why the VAPP Act
• Content of the VAPP Act
• Highlight of offences in the VAPP Act
• Roles and responsibilities of prosecutors
• Duties of the police
• Duties of protection officers
• Coordinator for the prevention of domestic violence
• Regulatory body
Wednesday, January 23,

www.centrelsd.org
Puzzle!
What date is on this signature?

www.centrelsd.org
Brief Overview of the VAPP ACT 2015
The Violence Against Persons (Prohibition) Act 2015 was passed by both
houses of the National Assembly on the 14th of May, Signed by the Clark to
the National Assembly on the 21st of May and assented to by Former
President Goodluck Jonathan on the 28th of May, 2015.
The Act prohibits all forms of violence against persons in private and public
life and provides maximum protection and effective remedies for victims
and punishment of offenders.
The highlighted text are interpreted in section 46 of the Act as follows:
Violence: Any act or attempted act, which causes or may cause any person
physical, sexual, psychological, verbal, emotional or economic harm whether
this occurs in private or public life, in peace time and in conflict situations.

www.centrelsd.org
Brief Overview of the VAPP ACT 2015 (Contd)
Persons: Include any body of persons corporate or unincorporated
Violence in the private sphere: Any act or attempted act perpetrated by
a member of the family, relative, neighbour or member of a community,
which causes or may cause any person physical, sexual, psychological,
verbal, emotional or economic harm.
Violence in the public sphere: Any act or attempted act perpetrated by
the state or non-state actors before, during and after elections, in
conflict or war situations, which threatens peace, security and well-being
of any person or the nation as a whole.

www.centrelsd.org
Violence perpetrated by state actors include: (a) wrongful arrest and
detention (b) assault (c)use of force without lawful authority (d) unlawful
entry into the premises, or (e) demolition of property without due process.
Victims: Any person or persons, who, individually or collectively, have
suffered harm, including (a.) i. physical or mental injury ii. emotional
suffering iii. economic loss, or iv. substantial impairment of their
fundamental rights, through acts or omissions that are in violation of this
Act or the criminal laws of the country; and (b.) includes the immediate
family or dependants of the direct victim and any other person who has
suffered harm in intervening to assist victims in distress.

www.centrelsd.org
• The Act was a result of agitations from several quarters,
especially women groups, for the protection of persons,
especially women and girls against different forms of violence.
• The Violence Against Persons (Prohibition) Act is an improvement
on the penal and criminal code in relation to violence; it also
makes provision for compensation to victims as well as the
protection of their rights.
• So far, the states which have domesticated the Act include
Anambra, Oyo, and Ogun while Lagos and Ekiti have passed laws
to prohibit Violence Against Women and Girls.

www.centrelsd.org
Why the VAPP ACT?
Violence against women and girls is a problem of pandemic proportions. Atleast 1
out of every 3 women around the world has been beaten, coerced into sex, or
otherwise abused in her lifetime with the abuser usually someone known to her –
UN Women
38% of murder of women are committed by a male intimate partner – World Health
Organization Report, Nov. 2017
Video clip:
Hidden Scars: Ending Violence Against Children in Nigeria
(Although the video is about children, it sheds light on the forms of violence that are
prevalent in Nigeria.)

www.centrelsd.org
Content of the VAPP Act 2015
The VAPP Act 2015 has 48 sections (divided into VI parts) and makes
provision for 26 offences.
Part I: Section 1 – 26: Offences
Part II: Section 27 - 38: Jurisdiction of the Court
Part III: Section 39 - 43: Service providers
Part IV: Section 44: Regulatory body
Part V: Section 45: Consequential amendment
Part VI: Section 46: Interpretation
Section 47: Application
Section 48: Citation

www.centrelsd.org
Content of the VAPP Act 2015 (Contd)
Schedule to (Section 25 and 37)
Form 1: General form of application for protection order by the Victim
Form 2: General form of application for protection order by a
person other than the Victim
Form 3: Affidavit in support of application for protection order
Form 4: Consent to application for protection order
Form 5: Interim protection order
Form 6: Protection order

www.centrelsd.org
Highlight of offences in the VAPP Act 2015
1. Rape
• A person commits the offence of rape if (a) he or she intentionally
penetrates the vagina, anus or mouth of another person with any other
part of his or her body or anything else; (b) the other person does not
consent to the penetration (c) the consent is obtained by force or means of
threat or intimidation of any kind or by fear of harm or by means of false
and fraudulent representation as to the nature of the act or the use of any
substance or additive capable of taking away the will of such person or in
the case of a married person by impersonating his or her spouse.
A register for convicted sexual offenders shall be maintained and accessible
to the public S1(4)

www.centrelsd.org
2. Inflicting physical injury on a person
3. Coercion
4. Willfully placing a person in fear of physical injury
5. Offensive conduct
6. Prohibition of female circumcision or genital mutilation
7. Frustrating investigation
8. Willfully making false statements
9. Forceful ejection from home
Highlight of offences in the VAPP Act 2015 (Contd)

www.centrelsd.org
10.Depriving a person of his or her liberty
11.Damage to property with intent to cause distress
12.Forced financial dependence or economic abuse
13.Forced isolation or separation from family and friends
14.Emotional, verbal and psychological abuse
15.Harmful widowhood practices
16.Abandonment of Spouse, Children and other Dependants
without sustenance

www.centrelsd.org
17.Stalking
18.Intimidation
19.Spousal battery
20.Harmful traditional practices
21.Attack with harmful substance
22.Administering a substance with intent
23.Political violence
24.Violence by state actors
25.Incest
26.Indecent exposure

www.centrelsd.org
Roles and Responsibilities of Prosecutors
Jurisdiction:
Only the High court of the Federal Capital Territory, Abuja empowered by
an Act of Parliament has the jurisdiction to hear and grant any application
brought under the VAPP Act – Section 27.
Application for Protection Order:
An application for a protection order may be made before the High Court
following a complaint of violence by the complainant and such order, if
granted, shall be effective throughout the Federal Republic of Nigeria and
no time limit or prescription shall apply in relation to a person seeking to
apply for protection order – Section 28(1)

www.centrelsd.org
Roles and Responsibilities of Prosecutors (Contd)
Application for protection order can be made by:
• Complainant
• Counsel to the complainant
• The Police officer with whom a complaint of violence has been lodged
• A protection officer
• An accredited service provider
• A counselor
• Health service provider
• Social worker or teacher who has interest in the wellbeing of the
complainant.

www.centrelsd.org
Duties of the Police -Section 32(1)
A Police officer, at the scene of an incident of violence or as soon
thereafter as reasonably possible or to whom a report of violence has
been made, shall have the duty of; (1):
a. Assisting a victim of violence to file a complaint regarding the
violence
b. Providing or arranging safe transport for the victim to an alternative
residence, safe place or shelter where such is required
c. Providing or arranging transportation for the victim to the nearest
hospital or medical facility for treatment of injuries where such
treatment is needed
d. Explaining to the victim his or her rights to protection against violence
and remedies available in terms of this act

www.centrelsd.org
e. Explaining to the victim that he or she has the right to lodge a criminal
complaint in addition to any remedy provided under this Act; and
f. Accompanying the victim to victim’s residence to collect personal
belongings

www.centrelsd.org
A police officer may, without an order from the Court or a warrant of
arrest, arrest any person whom:
a. He or she suspects upon reasonable grounds to have committed any of
the offences in the VAPP Act
b. A complaint has been made for having committed any of the offences
in the VAPP Act

www.centrelsd.org
A police officer in carrying out his or her duties under this Act shall have
the power to:
a. Remove or supervise the removal of a person excluded from a shared
residence where the court has issued an order under the VAPP Act
b. Remove or supervise the removal of any dangerous weapon used in
order to commit an act of violence as contemplated in the VAPP Act
c. Collect and store fingerprints including DNA of accused and convicted
offenders; and
d. Perform any other act considered necessary in order to ensure the
safety and well-being of the complainant.

www.centrelsd.org
Duties of Protection Officers -Section 41(1)
The appropriate Government Ministry shall appoint such number of
protection officers in each area council as it may consider necessary, to
assist the court in the discharge of its duties under this Act to co-ordinate
the activities of the police and the accredited service providers in his or
her area council to ensure that the victims or survivors of violence:
a. Have easy access to accredited service providers
b. Have easy access to transportation to an alternative residence or a
safe shelter, the nearest hospital or medical facility for treatment, if
the complainant so requires;
c. Are able to collect their belongings or properties from a shared
household or her residence, if the complainant so requires

www.centrelsd.org
d. Are able to access the court for orders under the VAPP Act; or
e. Have access to every possible assistance in the service of interim
protection order on the respondent, and the enforcement of any order
that may have been made by the court under the VAPP Act

www.centrelsd.org
The protection officer ma, upon the failure of the respondent to make
payment ordered by the court under this Act, direct an employer or a
debtor of the respondent or any bank in which the respondent operates
any account, to directly pay to the complainant or deposit with court a
portion of the wages or salaries or debt due to or accrued to the credit of
the respondent or monies in any bank account operated by the
respondent, which amount may be adjusted towards the emergency
monetary relief payable by the respondent.

www.centrelsd.org
Coordinator for Prevention of Domestic Violence:
Section 42
The body vested with the enforcement of this Act
shall appoint a person as the Coordinator for the
prevention of domestic violence who shall submit
annual report to the Federal Government on the
Implementation of the VAPP ACT, a copy of which
shall be deposited with the National Bureau of
Statistics.

www.centrelsd.org
Regulatory body: Section 44
The National Agency for the Prohibition of Trafficking in Persons and Other
Related Matters (NAPTIP) is mandated to administer the provisions of the
VAPP Act and collaborate with the relevant stakeholders including Faith
Based Organizations

www.centrelsd.org
The End.
Sorry!
one more thing.

www.centrelsd.org
Discussion starters…
• Do you think the body mandated to administer the VAPP Act, NAPTIP,
already has too much in its hands?
• How do we ensure the domestication of the VAPP Act in states without
losing some of its essential components?
• How do we encourage the Police to be more responsive to cases of
domestic violence?
• How do we ensure victims of gender based violence get justice in
Nigeria?

General Overview of the Violence Against Persons (Prohibition) Act 2015

Recommended

Recommended

More Related Content

What's hot

What's hot (20)

Similar to General Overview of the Violence Against Persons (Prohibition) Act 2015

Similar to General Overview of the Violence Against Persons (Prohibition) Act 2015 (20)

Recently uploaded

Recently uploaded (20)

General Overview of the Violence Against Persons (Prohibition) Act 2015

Editor's Notes