IMO State Passes Violence Against Person's Prohibitions Bill

A BILL

For

A LAW TO ELIMINATE VIOLENCE IN PRIVATE AND PUBLIC LIFE, PROHIBIT ALL FORMS OFVIOLENCE INCLUDING PHYSICAL, SEXUAL, PSYCHOLOGICAL, DOMESTIC, HARMFUL TRADITIONAL PRACTICES; DISCRIMINATION AGAINST PERSONS AND TO PROVIDE MAXIMUM PROTECTION AND EFFECTIVE REMEDIES FOR VICTIMS AND PUNISHMENT OF OFFENDERS.

      Sponsors:  Hon. Ihuoma Adaku C.

Hon.

Commencement

COMMENCEMENT SECTION: Enacted by the House of Assembly of Imo State.

BE IT ENACTED by the House of Assembly of Imo State as follows:

Everyone has the right to freedom and security of the person, which includes the right to be free from all forms of violence in private or public spheres, in peace and conflict situations.

PART 1 OFFENCES

Definition of Rape

1.) A person commits the offence of rape if

(a) he/she intentionally penetrates the vagina, anus or mouth of another person with any other part of his/her body or anything else.

(b) the other person does not consent to the penetration; or

(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 addictive capable of taking away the will of such person or in the case of a married person by impersonating his/her spouse/partner

Punishment for Rape

(2) A person convicted of an offence under this section is liable to imprisonment for life. However, where the victim is less than 14 years of age, the offender shall be liable to a minimum of 14years imprisonment and in all other cases to a minimum of 12 years imprisonment without an option of fine.

(3) Where the act described under this section is committed by a group of persons, the offence shall be known as gang rape and on conviction the persons shall be liable jointly and severally to a minimum of 20 years imprisonment without an option of fine.

(4) The court shall also award appropriate compensation to the victim as it may deem fit in the circumstance.

Inflicting Physical Injury on a Person

2. (1)(i) Any person who wilfully causes or inflicts physical injury on another person by means of any weapon, substance or object commits an offence and is liable on conviction to imprisonment not exceeding five years or a fine not exceeding N100, 000:00 or to both such fine and imprisonment;

Aiding the infliction of physical injury on another

(ii) Any person who attempts to commit the offence provided for in subsection (i) of this section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding N20, 000:00 or to both such fine and imprisonment;

(iii) Any person who incites, aids, abets, or counsels another person to commit the offence provided for in subsection (i) of this section is guilty of an offence, and is liable on conviction to

imprisonment for a term not exceeding three years or to a fine not exceeding N20, 000:00 or to both such fine and imprisonment;

Accessory after the fact to inflicting physical injury on another

(iv)  Any person who receives or assists another who to his knowledge is guilty of the offence provided for in subsection (i) of this section, is an accessory after the fact and is guilty of an offence and liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding N20, 000:00 or to both such fine and imprisonment.

(2) The court shall also award appropriate compensation to the victim as it may deem fit in the circumstance.

Coercion

3. Any person who coerces another to engage in any act to the detriment of that other person’s physical or psychological wellbeing commits an offence and upon conviction is liable to three years imprisonment.

Wilfully placing a person in fear of physical injury

4. (1) Any person who wilfully or knowingly places a person in fear of physical injury commits an offence and is liable on conviction to imprisonment for a term not exceeding two years or to a fine not exceedingN20,000:00 or to both such fine and imprisonment.

(2) Any person who attempts to commit the offence as provided for in subsection (i) of this Section is guilty of an offence and is liable to imprisonment for a term not exceeding one year or to a fine not exceeding N10, 000 or to both such fine and imprisonment.

(3) Any person who aids, abets, or counsels another person to commit the offence provided for in sub-section(1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine not exceeding N20, 000.00 or to both such fine and imprisonment.

(4) Any person who receives or assists another who has committed the offence provided for in subsection (1) of this Section is an accessory after the fact and is liable on conviction to imprisonment for a term not exceeding one year or to fine not exceeding N20, 000.00 or to both such fine and imprisonment.

Offensive Conduct

5. (1) Any person who compels another by force or threat to engage in any conduct or act sexual or otherwise, to the detriment of the victim’s physical or psychological well being commits an offence and is liable on conviction to imprisonment for a term not exceeding two years or to fine not exceeding N50,000.00 or to both such fine and imprisonment.

(2) Any person who attempts to commit the offence provided for in subsection (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine not exceeding N30, 000.00 or to both such fine and imprisonment.

Aiding threat to engage in detrimental conduct

(3) Any person who incites, aids, abets, or counsels another person to commit the offence as provided for in sub section (1) of this Section is guilty of the offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine not exceeding N30, 000.00 or to both such fine and imprisonment.

(4) Any person who receives or assists another who to his/her knowledge committed the offence provided for in sub section (1) of this Section is an accessory after the fact and is therefore liable to imprisonment for a term not exceeding three years or to fine not exceeding N50, 000.00 or to both such fine and imprisonment.

Prohibition of female circumcision or genital mutilation

6. (1) The circumcision or genital mutilation of the girl child or woman is hereby prohibited

(2) Any person who performs female circumcision or genital mutilation or engages another to carry out such circumcision or mutilation commits an offence and is liable on conviction to imprisonment for a term not exceeding four years or to fine not exceeding N200, 000.00 or to both such fine and imprisonment.

Attempted female circumcision

(3) Any person who attempts to commit the offence provided for in subsection (2) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding two years or to fine not exceeding N100, 000.00 or to both such fine and imprisonment.

Aiding female circumcision

(4) Any person who incites, aids, abets, or counsels another person to commit the offence provided for in sub section (2) of this Section is guilty of the offence and is liable on conviction to imprisonment for a term not exceeding two years or to fine not exceeding N100, 000.00 or to both such fine and imprisonment.

Frustrating investigation

7. Any person who, with intent to defraud or conceal an offence or frustrate the investigation and prosecution of offenders under this Act or under any other enactments:

(a) destroys, alters, mutilates, or falsify any book or documents, dress or clothing which could serve as evidence or exhibits;

(b) omits, or is privy to omitting, any material particular from any such document, book, dress or clothing; is guilty of felony and liable on conviction to imprisonment for a term not exceeding three years or to fine not exceeding N50, 000.00 or to both such fine and imprisonment.

Wilfully making false statements

8. Any person who wilfully makes false statement, whether oral or documentary, in any judicial proceedings under this Act or with the aim of initiating investigation or criminal proceedings under this Act against another person is guilty of an offence under this Act and liable on conviction to a fine of N20, 000 or a term of imprisonment not exceeding 12 months.

Forceful ejection from home

9. (1) Any marriage partner who forcefully evicts his/her partner from his/her home or refuses him/her access commits an offence and is liable on conviction to imprisonment for a term not exceeding two years or to fine not exceeding N30, 000.00 or to both such fine and imprisonment.

Attempted forceful ejection

(2) Any person who attempts to commit the offence provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine not exceeding N20, 000.00 or to both such fine and imprisonment.

(3) Any person who incites, aids, abets, or counsels another person to commit the offence as provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine not exceeding N20, 000.00 or to both such fine and imprisonment.

(4) Any person who receives or assists another who to his/her knowledge committed the offence provided for in sub section (1) of this Section is an accessory after the fact and is therefore liable to imprisonment for a term not exceeding one year or to fine not exceeding N20, 000.00 or to both such fine and imprisonment.

Depriving a person of his/her liberty

10. (1) Any person who deprives another of his/her liberty except pursuant to a court order commits an offence and is liable on conviction to imprisonment for a term not exceeding two years or to fine not exceeding N50, 000.00 or to both such fine and imprisonment.

Attempted deprivation

(2) Any person who attempts to commit the offence provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine not exceeding N20, 000.00 or to both such fine and imprisonment.

Aiding deprivation

(3) Any person who incites, aids, abets, or counsels another person to commit the offence as provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding two years or to fine not exceeding N30, 000.00 or to both such fine and imprisonment.

Accessory after the fact to deprivation

(4) Any person who receives or assists another who to his/her knowledge committed the offence provided for in sub section (1) of this Section is an accessory after the fact and is therefore liable to imprisonment for a term not exceeding one year or to fine not exceeding N10, 000.00 or to both such fine and imprisonment.

Damage to property with intent to cause distress

11. (1) Any person who causes mischief or destruction or damage to property of another with intent to cause or knowing that it is likely to cause distress or annoyance to the victim commits an offence and is liable on conviction to imprisonment for a term not exceeding two years or to fine not exceeding N30,000.00 or to both such fine and imprisonment.

Attempted destruction of property

(2) Any person who attempts to commit the offence provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine not exceeding N20, 000.00 or to both such fine and imprisonment.

Aiding destruction of property

(3) Any person who incites, aids, abets, or counsels another person to commit the offence as provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine not exceeding N20, 000.00 or to both such fine and imprisonment.

Accessory after the fact to willfully damage property of another

(4) Any person who receives or assists another who to his/her knowledge committed the offence provided for in sub section (1) of this Section is an accessory after the fact and is therefore liable to imprisonment for a term not exceeding one year or to fine not exceeding N20, 000.00 or to both such fine and imprisonment.

Forced financial dependence or economic abuse

12. (1) Any person who causes forced financial dependence or economic abuse of another commits an offence and is liable on conviction to imprisonment for a term not exceeding two years or to fine not exceeding N50, 000.00 or to both such fine and imprisonment.

Attempted forced financial dependence

(2) Any person who attempts to commit the offence provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine not exceeding N20, 000.00 or to both such fine and imprisonment.

Aiding forced financial dependence

(3) Any person who incites, aids, abets, or counsels another person to commit the offence as provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine not exceeding N20, 000.00 or to both such fine and imprisonment.

Accessory after the fact to forced financial dependence

(4) Any person who receives or assists another who to his/her knowledge committed the offence provided for in sub section (1) of this Section above is an accessory after the fact and is therefore liable to imprisonment for a term not exceeding six months or to fine not exceeding N10, 000.00 or, to both such fine and imprisonment.

Forced isolation or separation from family and friends

13. (1) Any person who forcefully isolates or separates another from family and friends commits an offence and is liable on conviction to imprisonment for a term not exceeding six months or to fine not exceeding N10, 000.00 or to both such fine and imprisonment.

Attempted forced isolation or separation

(2) Any person who attempts to commit the act of violence provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding three months or to fine not exceeding N10, 000.00 or to both such fine and imprisonment.

Aiding forced isolation or separation

(3) Any person who incites, aids, abets, or counsels another person to commit the offence as provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding three months or to fine not exceeding N10, 000.00 or to both such fine and imprisonment.

Accessory after the fact to forced isolation or separation

(4) Any person who receives or assists another who to his/her knowledge committed the offence provided for in sub section (1) of this Section is an accessory after the fact and is therefore liable to imprisonment for a term not exceeding three months or to fine not exceeding N10, 000.00 or to both such fine and imprisonment.

Emotional, Verbal and Psychological Abuse

14. (1) Any person who causes emotional, verbal and psychological abuse on another commits an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine not exceeding N20,000.00 or to both such fine and imprisonment.

Attempted Emotional/Verbal/Psychological Abuse

(2) Any person who attempts to commit the act of violence provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding six months or to fine not exceeding N10, 000.00 or to both such fine and imprisonment.

(3) Any person who incites, aids, abets, or counsels another person to commit the act of violence as provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding six months or to fine not exceeding N10, 000.00 or to both such fine and imprisonment.

(4) Any person who receives or assists another who to his/her knowledge committed the offence provided for in sub section (1) of this Section is an accessory after the fact and is therefore liable to imprisonment for a term not exceeding six months or to fine not exceeding N10, 000.00 or to both such fine and imprisonment.

Harmful Widowhood Practices

15. (1) Any person who subjects a widow to harmful traditional practices commits an offence and is liable on conviction to imprisonment for a term not exceeding two years or to fine not exceeding N50, 000.00 or to both such fine and imprisonment.

Attempted Harmful Widowhood Practices

(2) Any person who attempts to commit the act of violence provided for in sub section (i) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine not exceeding N20, 000.00 or to both such fine and imprisonment.

Aiding Harmful Widowhood Practices

(3) Any person who incites, aids, abets, or counsels another person to commit the act of violence as provided for in sub section (i) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine not exceeding N20, 000.00 or to both such fine and imprisonment.

(4) Any person who receives or assists another who to his/her knowledge committed the offence provided for in sub section (i) of this Section is an accessory after the fact and is therefore liable to imprisonment for a term not exceeding six months or to fine not exceeding N10, 000.00 or to both such fine and imprisonment.

Abandonment of Spouse, Children and other Dependent without sustenance

16. (1) Any person who abandons a wife/husband, children or other dependent without any means of sustenance commits an offence and is liable on conviction to imprisonment for a term not exceeding three years or to fine not exceeding N50, 000.00 or to both such fine and imprisonment.

(2) Any person who attempts to commit the act of violence provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding two years or to fine not exceeding N20, 000.00 or to both such fine and imprisonment.

(3) Any person who incites, aids, abets, or counsels another person to commit the act of violence as provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding two years or to fine not exceeding N20, 000.00 or to both such fine and imprisonment.

(4) Any person who receives or assists another who to his/her knowledge committed the offence provided for in sub section (1) of this Section is an accessory after the fact and is therefore liable to imprisonment for a term not exceeding one year or to fine not exceeding N10, 000.00 or to both such fine and imprisonment.

Stalking

17. (1) Any person who stalks another commits an offence and is liable on conviction to imprisonment for a term not exceeding two years or to fine not exceeding N50, 000.00 or to both such fine and imprisonment.

Attempted Stalking

(2) Any person who attempts to commit the act of violence provided for in sub section (1) of Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine not exceeding N20, 000.00 or to both such fine and imprisonment.

Aiding Stalking

(3) Any person who incites, aids, abets, or counsels another person to commit the act of violence as provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine not exceeding N20, 000.00 or to both such fine and imprisonment.

Accessory after the fact to Stalking

(4) Any person who receives or assists another who to his/her knowledge committed the offence provided for in sub section (1) of this Section is an accessory after the fact and is therefore liable to imprisonment for a term not exceeding one year or to fine not exceeding N10, 000.00 or, to both such fine and imprisonment.

Intimidation of a Person

18. (1) Any person who intimidates another commits an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine not exceeding N20, 000.00 or to both such fine and imprisonment.

(2) Any person who attempts to commit the act of violence provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding six months or to fine not exceeding N10, 000.00 or to both such fine and imprisonment.

(3) Any person who incites, aids, abets, or counsels another person to commit the act of violence as provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding six months or to fine not exceeding N10, 000.00 or to both such fine and imprisonment.

(4) Any person who receives or assists another who to his/her knowledge committed the offence provided for in sub section (1) of this Section is an accessory after the fact and is therefore liable to imprisonment for a term not exceeding six months or to fine not exceeding N10, 000.00 or to both such fine and imprisonment.

Spousal/Partner battery

19. (1) Any person who batters his/her spouse commits an offence and is liable on conviction to imprisonment for a term not exceeding three years or to fine not exceeding N100, 000.00 or to both such fine and imprisonment.

Attempted Spousal/Partner battery

(2) Any person who attempts to commit the act of violence provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine not exceeding N20, 000.00 or to both such fine and imprisonment.

Aiding Spousal/Partner battery

(3) Any person who incites, aids, abets, or counsels another person to commit the act of violence as provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine not exceeding N20, 000.00 or to both such fine and imprisonment.

Accessory after the fact to Spousal battery

(4) Any person who receives or assists another who to his/her knowledge committed the offence provided for in sub section (1) of this Section is an accessory after the fact and is therefore liable to imprisonment for a term not exceeding one year or to fine not exceeding N20, 000.00 or to both such fine and imprisonment.

Harmful Traditional Practices

20. (1) Any person who carries out harmful traditional practices on another commits an offence and is liable on conviction to imprisonment for a term not exceeding four years or to fine not exceeding N100,000.00 or to both such fine and imprisonment.

Attempted Harmful Traditional Practices

(2) Any person who attempts to commit the act of violence provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding two years or to fine not exceeding N50, 000.00 or to both such fine and imprisonment.

Aiding Harmful Traditional Practices

(3) Any person who incites, aids, abets, or counsels another person to commit the act of violence as provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment or a term not exceeding two years or to fine not exceeding N50, 000.00 or to both such fine and imprisonment.

Accessory after the fact to Harmful Traditional Practices

(4) Any person who receives or assists another who to his/her knowledge committed the offence provided for in sub section (1) of this Section is an accessory after the fact and is therefore liable to imprisonment for a term not exceeding two year or to fine not exceeding N50, 000.00 or to both such fine and imprisonment.

Substance Attack

21. (1) Any person who uses chemical, biological or any other harmful liquid on another, commits an offence and is liable on conviction to a term of life imprisonment without an option of fine.

Attempted substance Attack

(2) Any person who attempts to commit the act of violence described in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding twenty-five years without an option of fine.

Aiding substance Attack

(3) Any person who incites aids, abets, or counsels another person to commit the act of violence as provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding twenty-five years without an option of fine.

Accessory after the fact to substance Attack

(4) Any person who receives or assists another who to his/her knowledge committed the offence provided for in sub section (1) of this Section is an accessory after the fact and is therefore liable to imprisonment for a term not exceeding twenty-five years without the option of fine.

Administering a Substance with intent

22. (1) Any person commits an offence if he intentionally administers a substance to, or causes a substance to be administered to or taken by another person with the intention of stupefying or overpowering that person so as to enable any person to engage in a sexual activity with that person.

(2) A person guilty of an offence under this section is, in addition to any other offence under this Act liable on conviction to imprisonment for a term not exceeding 10 years or a fine of N50, 000 or to both such fine and imprisonment

Political Violence

23. (1) Any person who commits political violence as defined in the provisions of this Act relating to political violence commits an offence and is liable on conviction to imprisonment for a term not exceeding four years or to fine not exceeding N100, 000.00 or to both such fine and imprisonment.

Attempted political violence

(2) Any person who attempts to commit the act of violence provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding two years or to fine not exceeding N50, 000.00 or to both such fine and imprisonment.

Aiding political violence

(3) Any person who incites, aids, abets, or counsels another person to commit the act of violence as provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding two years or to fine not exceeding N50, 000.00 or to both such fine and imprisonment.

Accessory after the fact to political violence

(4) Any person who receives or assists another who to his/her knowledge committed the offence provided for in sub section (1) of this Section is an accessory after the fact and is therefore liable to imprisonment for a term not exceeding two years or to fine not exceeding N50, 000.00 or to both such fine and imprisonment.

Violence by State Actors

24. (1) Any state actor who commits political violence commits an offence and is liable on conviction to imprisonment for a term not exceeding four years or to fine not exceeding N100, 000.00 or to both such fine and imprisonment.

Attempted violence by State Actors

(2) Any person who attempts to commit the act of violence provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding two years or to fine not exceeding N50, 000.00 or to both such fine and imprisonment.

Aiding violence by State Actors

(3) Any person who incites, aids, abets, or counsels another person to commit the act of violence as provided for in sub section (1) of this Section is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding two years or to fine not exceeding N50, 000.00 or to both such fine and imprisonment.

Accessory after the fact to violence by State Actors

(4) Any person who receives or assists another who to his/her knowledge committed the offence provided for in sub section (1) of this Section is an accessory after the fact and is therefore liable to imprisonment for a term not exceeding two years or to fine not exceeding N50, 000.00 or to both such fine and imprisonment.

(5) The state shall be liable for the offence committed by its agents and the court shall award appropriate compensation commensurate with the extent and amount of damages.

Incest

25. Any person who knowingly and wilfully have carnal knowledge of another within the Prohibited Degrees of Consanguinity and Affinity contained in the Second Schedule to this Act with or without consent. Provided that the consent was not obtained by fraud or threat; and where the two parties consent both shall be guilty of this offence and shall be liable on conviction to a term not exceeding five year without an option of fine.

Indecent exposure

26. (1)Any person who intentionally exposes his or her genital organs, or a substantial part thereof, with the intention of causing distress to the other party, or that another person seeing it may be tempted or induced to commit an offence under this Act, commits an offence termed indecent exposure

(2)Any person who intentionally exposes his or her genital organs, or a substantial part thereof, and induces another to either massage, or touch with the intention of deriving sexual pleasure from such acts commits an offence under this section

(3)A person guilty of an offence under this section is liable to upon conviction to imprisonment for a term of not less than one year or to a fine not exceeding N50, 000 or to both such fine and imprisonment.

PART 2 JURISDICTION OF THE COURT

Jurisdiction of the Court

A. Only the High Court of a state or any other court of concurrent jurisdiction so empowered by an Act of Parliament shall have the jurisdiction to hear and grant any application brought under this Act.

B. PROTECTION ORDER

Protection Order

An application for a protection order may be made before any competent court following a complaint of violence by the complainant. A protection order granted by any High Court or Magistrates Court shall be effective throughout Imo State and no time limit or prescription shall apply in relation to a person seeking to apply for such protection order.

Application for Protection Order

27. (1) Any complainant may in the prescribed manner apply to the court for a protection order.

(2) If the complainant is not represented by counsel, the police officer with whom a complaint of violence has been lodged shall inform the complainant of the remedies he or she may be entitled to under this Act including the right to lodge a criminal complaint against the respondent if a criminal offence has been committed under this Act.

(3) Notwithstanding the provisions of any other law, the application may be brought on behalf of the complainant by any other person, including a police officer, a protection officer, an accredited service provider, a counsellor, health service provider, social worker or teacher who has interest in the well being of the complainant:

(4) Provided that the application must be brought with the written consent of the complainant, except in circumstances where the complainant is –

(a) a minor;

(b) mentally retarded;

(c) unconscious; or

(d) a person who the court is satisfied is unable to provide the required consent.

(5) Notwithstanding the provisions of any other law, any minor, or any person on behalf of a minor, may apply to the court for a protection order without the assistance of a parent, guardian or any other person. Supporting affidavit by persons who have knowledge of the matter concerned may accompany the application.

(6) The application and affidavits shall be filed in court.

Consideration of application and issuing of interim Protection Order

28. (1) The court must as soon as is reasonably possible consider an application submitted to it in terms of section 30(6) and may, for that purpose, consider such additional evidence as it deems fit, including oral evidence or evidence by affidavit, which shall form part of the record of the proceedings.

(2)(a) If the court is satisfied that there is prima facie evidence that the respondent is committing, has committed or that there is imminent likelihood that he may commit an act of domestic violence the court shall notwithstanding the fact that the respondent has not been given notice of the proceedings contemplated in subsection (1) of this section, issue an interim protection order against the respondent, in the prescribed manner.

(b) An interim protection order must be served on the respondent in the prescribed manner and must call upon the respondent to show cause on the return date, specified in the order why a protection order should not be issued.

(c) A copy of the application referred to in section 30(1) and the record of any evidence taken in terms of subsection (1) of this section shall be served on the respondent together with the interim protection order.

(d) If the court does not issue an interim protection order in terms of subsection (2) of this section, the court shall direct the registrar of the court to cause certified copies of the application concerned and any supporting affidavit to be served on the respondent in the prescribed manner, together with a prescribed notice calling on the respondent to show cause on the return date specified in the notice why a protection order should not be issued.

3(a) An interim protection order must be served on the respondent in the prescribed manner and must call upon the respondent to show cause on the return date, specified in the order why a protection order should not be issued

(b) A copy of the application referred to in section 30(1) and the record of any evidence taken in terms of subsection (1) of this section shall be served on the respondent together with the interim protection order.

4 If the court does not issue an interim protection order in terms of subsection (2) of this section, the court shall direct the registrar of the court to cause certified copies of the application concerned and any supporting affidavit to be served on the respondent in the prescribed manner, together with a prescribed notice calling on the respondent to show cause on the return date as specified in the notice why a protection order should not be issued.

5 The return dates referred to in subsections (3)(a) and (4) of this section may not be less than 5 days after service has been effected upon the respondent.

Issuing of Protection Order

29. (1) If the respondent does not appear on a return date contemplated in section 32(3) or (4), and if the court is satisfied that-

(a)    proper service has been effected on the respondent; and

(b)   the application contains prima facie evidence that the respondent has committed, is committing or that there is an imminent likelihood that he may commit an act of domestic violence, the court shall issue a protection order in the prescribed form.

(2) If the respondent appears on the return date in order to oppose the issuing of a protection order, the court shall proceed to hear the matter and-

(a)    consider any evidence previously received in terms of section 31(l); and

(b)   consider such further affidavits or oral evidence as it may direct, which shall form part of the record of the proceedings.

3 The court may, on its own accord or on the request of the complainant, if it is of the opinion that it is just or desirable to do so, order that in the examination of witnesses, including the complainant, a respondent who is not represented by a legal practitioner-

(a)    is not entitled to cross-examine directly a person who is in a domestic relationship with the respondent; and

(b)   shall put any question to such a witness by stating the question to the court, and the court is to repeat the question accurately to the witness.

4 The court shall after a hearing as contemplated in subsection (2) of this Section, issue a protection order in the prescribed form if it finds, on a balance of probabilities, that the respondent has committed, is committing or that there is an imminent likelihood that he may commit an act of domestic violence.

5 Upon the issuing of a protection order the registrar of the court shall forthwith in the prescribed manner cause-

(a)    the original of such order to be served on the respondent; and

(b)   a certified copy of such order, and the original warrant of arrest contemplated in section 34(l)(a), to be served on the complainant.

6 The registrar of the court shall forthwith in the prescribed manner forward certified copies of any protection order and of the warrant of arrest contemplated in section 35(l)(a) to the police station of the complainant’s choice.

7 Subject to the provisions of section 33(7), a protection order issued in terms of this section remains in force until it is set aside, and the execution of such order shall not be automatically suspended upon the filing of an appeal.

Court’s Powers in respect of Protection Order

30. (1) The court may, by means of a protection order referred to in section 31 or 32, prohibit the respondent from-

(a)    committing any act of domestic violence;

(b)   enlisting the help of another person to commit any such act;

(c)    entering a shared household: Provided that the court may impose this prohibition only if it appears to be in the best interests of the complainant;

(d)   entering a specified part of such a shared household;

(e)    entering the complainant’s residence;

(f)    entering the complainant’s place of employment;

(g)   preventing the complainant from entering or remaining in the shared household or a specified part of the shared household;

(h)   alienating or disposing the shared household or encumbering same;

(i)     renouncing his rights in the shared household except in favour of the complainant; or

(j)     committing any other act as specified in the protection order.

(2) The court may impose any additional conditions, which it deems reasonably necessary to protect and provide for the safety, health or well being of the complainant, including an order-

(a)    to seize any arm or dangerous weapon in the possession or under the control of the respondent;

(b)   that a police officer must accompany the complainant to a specified place to assist with arrangements regarding the collection of personal property; or

(c)    directing the respondent to secure alternative accommodation for the complainant or;

(d)   order a temporal relocation to any safe place as may be deem fit in the interest of the complainant

(e)    approve a mediation channel upon submission by the complainant

(3) In ordering a prohibition contemplated in subsection l (c) of this section, the court may impose on the respondent obligations as to the discharge of rent or mortgage payments having regard to the financial needs and resources of the complainant and the respondent.

(4) The court may order the respondent to pay emergency monetary relief having regard to the financial needs and resources of the complainant and the respondent, and such order has the effect of a civil judgment of a court.

 (5) The court may issue any directions to ensure that the complainant’s physical address is not disclosed in any manner, which may endanger the safety, health or well being of the complainant.

(6) If the court is satisfied that it is in the best interests of any child it may-

(a)    refuse the respondent contact with such child; or

(b)   order contact with such child on such conditions as it may consider appropriate.

(7) The court may not refuse to issue a protection order; or to impose any condition or make any order which it is competent to impose or make under this section, merely on the grounds that other legal remedies are available to the complainant.

(8) If the court is of the opinion that any provision of a protection order deals with a matter that should, in the interests of justice, be dealt with further in terms of any other relevant law, including the Matrimonial Causes Act, 1970, Cap M7 Laws of the Federation, 2004, Child Right Act, 2003 the court must order that such a provision shall be in force for such limited period as the court determines, in order to afford the party concerned the opportunity to seek appropriate relief in terms of such law.

Police Powers

31. (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-

(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/her rights to protection against violence and remedies available in terms of this Act;

(e)    explaining to the victim that he/she has the right to lodge a criminal complaint in addition to any remedy provided under this Act;

(f)    accompanying the victim to victim’s residence to collect personal belongings.

(2) Any police officer may, without an order from the Court or a warrant of arrest, arrest

(a)    any person whom he or she suspects upon reasonable grounds to have committed any of the offences under Part 1; and

(b)   any person against whom a complaint has been made for having committed any of the offences under Part 1

(3) A police officer in carrying out his or her duties under this Act shall have the power:

(a)    to remove or supervise the removal of a person excluded from a shared residence where the court has issued such an order under this Act;

(b)   to remove or supervise the removal of any dangerous weapon used in order to commit an act of violence as contemplated in this Act.

(c)    to perform any other act considered necessary in order to ensure the safety and well-being of the complainant.

Warrant of arrest upon issuing of Protection Order

32. (1) Whenever a court issues a protection order, the court shall make an order-

(a)    authorizing the issue of a warrant for the arrest of the respondent, in the prescribed form; and

(b)   suspending the execution of such warrant subject to compliance with any prohibition, condition, obligation or order imposed in terms of section 33.

(2)  The warrant referred to in subsection (l) (a) remains in force unless the protection order is set aside, or it is cancelled after execution.

(3) The registrar of the court shall issue the complainant with a second or further warrant of arrest, if the complainant files an affidavit in the prescribed form in which it is stated that such warrant is required for her or his protection and that the existing warrant of arrest has been-

(a)    executed and cancelled; or

(b)   lost or destroyed.

(4) (a) A complainant may hand the warrant of arrest together with an affidavit in the prescribed form, wherein it is stated that the respondent has contravened any prohibition, condition, obligation or order contained in a protection order, to any police officer.

(b)If it appears to the police officer concerned that, subject to subsection (5), there are reasonable grounds to suspect that the complainant may suffer imminent harm as a result of the alleged breach of the protection order by the respondent, the police officer shall forthwith arrest the respondent for allegedly committing the offence referred to in Part I.

(c)If the police officer concerned is of the opinion that there are insufficient grounds for arresting the respondent in terms of paragraph (b), he or she shall forthwith hand a written notice to the respondent which—

(i) specifies the name, the residential address and the occupation or status of the respondent;

(ii) calls upon the respondent to appear before a court, and on the date and at the time specified in the notice, on a charge of committing the offence referred to in section 33(1); and

(iii) contains a certificate signed by the police officer concerned to the effect that he or she handed the original notice to the respondent and that he or she explained the import thereof to the respondent.

(d)The police officer shall forthwith forward a duplicate original of a notice referred to in paragraph(c) to the registrar of the court concerned, and the mere production in the court of such a duplicate original shall be prima facie proof that the original thereof was handed to the respondent specified therein.

5 In considering whether or not the complainant may suffer imminent harm, as contemplated in subsection(4)(b), the police officer shall take into account-

(a)    the risk to the safety, health or well being of the complainant;

(b)   the seriousness of the conduct comprising an alleged breach of the protection order; and

(c)    the length of time since the alleged breach occurred.

6 Whenever a warrant of arrest is handed to a police officer in terms of subsection (4) (a), the police officer shall inform the complainant of his or her right to simultaneously lay a criminal charge against the respondent, if applicable, and explain to the complainant how to lay such a charge.

Seizure of Arms and Dangerous Weapons

33. (1) The court shall order a member of the Nigeria Police Force to seize any arm or dangerous weapon in the possession or under the control of a respondent if the court is satisfied on the evidence placed before it, including any affidavits supporting an application referred to in Section 31 (2) above that –

a. The respondent has threatened or expressed the intention to kill or injure himself or herself or any person in a domestic relationship whether or not by means of such arm or dangerous weapon; or

b. Possession of such arm or dangerous weapon is not in the best interest of the respondent or any other person in a domestic relationship as a result of the respondent’s –

 (i) state of mind or mental condition;

 (ii) inclination to violence; or

 (iii) use of or dependence on intoxicating liquor or drugs

 (2) Any arm seized in terms of sub-section (1) above must be handed over to the Nigeria Police Force as contemplated in the Police Act Cap 154 Laws of the Federal Republic of Nigeria 1990 and Firearms Act Cap 69 Laws of the Federal Republic of Nigeria 1990.

(3) Any dangerous weapon seized in compliance with sub-section (1) above-

a. Must be given a distinctive identification mark and retained in Police custody for such period of time as the court shall determine; and

b. Shall only be returned to the respondent or, if the respondent is not the owner of the firearm or dangerous weapon, to the owner by order of the court and on such condition as the court shall determine:

Provided that –

If the court is satisfied that it is in the interest of the safety of any person concerned or in the public interest, the court shall order that the firearm or dangerous weapon be forfeited to the state.

Variation or Setting Aside of Protection Order

34. 1 A complainant or a respondent may, upon written notice to the other party and the court concerned, apply for the variation or setting aside of a protection order referred to in section 32 in the prescribed manner.

2 If the court is satisfied that good cause has been shown for the variation or setting aside of the protection order, it may issue an order to this effect, provided that the court shall not grant such an application to the complainant unless it is satisfied that the application is made freely and voluntarily.

3 The registrar of the court shall forward a notice as prescribed to the complainant and the respondent if the protection order is varied or set aside as contemplated in subsection(1) of this section.

Discharge

35. (1) Where a protection order has been made, any of the following persons may apply to have it discharged:

(a) If the application for the order was made by a commissioner in respect of any dependent person by-

(i) the commission,

(ii) the person who brought the application;

(iii) the respondent to that application;

(b) If the application for the order was made by a commissioner in any other case by virtue of section 31-

(i) the commission,

(ii) the person who was the applicant for the order, or

(iii) the respondent to that application;

(c) In any other case—

(i) the person who was the applicant for the order, or

(ii) the person who was the respondent to the application for the order and the court upon hearing any such application shall make such order, as it considers appropriate in the circumstances.

Offences Relating to Protection Orders

36. (1) A respondent who-

contravened an interim protection order or a protection order, or while an interim protection order is in force refuses to permit the applicant or any dependent person to enter and remain in the place to which the order relates or does any act for the purpose of preventing the applicant or such dependent person from so entering or remaining shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding N30, 000.00 or to imprisonment for a term not exceeding 6 months or both such fine and imprisonment.

(2) The provisions of subsection (1) shall be without prejudice to any punishment or sanction as to contempt of court or any other liability, whether civil or criminal that may be incurred by the respondent concerned.

(3) any person who in an affidavit referred to in this section, wilfully makes a false statement in a material respect shall be liable upon conviction to a fine of not exceeding N20, 000.00 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months.

Application and forms of Protection Order

37. The affidavit, application and forms of Protection Order referred to in this Part of the Act shall be in accordance with the First Schedule to this Act.

Rights of Victims

38. (1)In addition to the rights guaranteed under Chapter IV of the Constitution of the Federal Republic of  Nigeria, 1999, or any other international human rights instruments to which Nigeria is a party, every victim of violence as defined in section 1 of this Act, is entitled to the following rights: -

Right to Assistance

(i) (a) Every victim is entitled to receive the necessary materials, medical, psychological, social and legal assistance through governmental agencies and/or non governmental agencies providing such assistance

(b)Victims are entitled to be informed of the availability of legal, health and social services and other relevant assistance and be readily afforded access to them;

(c)Victims are entitled to rehabilitation and re-integration programme of the State to enable victims to acquire, where applicable and necessary, pre-requisite skills in any vocation of the victim’s choice and also in necessary formal education or access to micro credit facilities

(ii) (a) any rules and or regulations made by any institution or organization prohibiting or restraining the reporting of offences or complaint with the provisions of this Act, shall to the extent of the inconsistencies be null and void

Right to Protection Against Expulsion

(b)no complainant of any offence under this Act shall be expelled, disengaged, suspended or punished in any form whatsoever by virtue of the action of compliance with the provisions of this Act

(c)any head of institution who violates the provisions of this subsection is guilty of an offence under this act and shall be liable on conviction to imprisonment for six months or a fine of N20, 000 or to both such fine and imprisonment.

Reproductive Health Right

(iii) Every woman shall have a right to health, which shall be understood to mean the enjoyment of the highest level of physical, mental and social well-being, health care services, including those related to family planning in particular rural women shall have the right to have access to adequate health care facilities, including information, counselling and services in family planning

Every woman shall have the right to take decisions about her health needs and requirements. In particular, she shall have the right to determine the processes concerning reproduction in her body.

Every woman shall have the right to enjoy reproductive rights including the right to medical abortion in cases of sexual assault, rape, incest and where the continued pregnancy endangers the life or the physical, mental, psychological or emotional health of the mother.

Attendance of Proceedings

(iv) (1) (a) No person may be present during any proceedings in terms of this Act except-

(i)     Officers of the court;

(ii)  the parties to the proceedings;

(iii) any person bringing an application on behalf of the complainant in terms of section 31(3);

(iv) any legal practitioner representing any party to the proceedings;

      (v) accredited service provider;

      (vi) witnesses;

      (vii) not more than three persons for the purpose of providing support to the complainant;

      (viii) not more than three persons for the purpose of providing support to the respondent; and

       (ix) any other person whom the court permits to be present provided that the court may, if it           is satisfied that it is in the interests of justice, exclude any person from attending any part of the proceedings.

(b)Nothing in this subsection limits any other power of the court to hear proceedings in camera or to exclude any person from attending such proceedings.

Prohibition of Publication of Certain information

(2) (a) No person shall publish in any manner any information which might, directly or indirectly, reveal the identity of any party to the proceedings.

(b)The court, if it is satisfied that it is in the interests of justice, may direct that any further information relating to proceedings held in terms of this Act shall not be published provided that no direction in terms of this subsection applies in respect of the publication of a bona fide law report which does not mention the names or reveal the identities of the parties to the proceedings or of any witness at such proceedings.

(3) any person who contravenes the provisions of this subsection is guilty of an offence and is liable upon conviction to imprisonment for a term not exceeding one year or to fine not exceeding N20, 000.00or to both such fine and imprisonment

PART 3 - SERVICE PROVIDERS

Registration and powers of service providers

39. (1) Subject to such rules as may be made, any voluntary association registered under the Companies and Allied Matters Act 1990 by the Corporate Affairs Commission or any other law for the time being in force with the objective of protecting the rights and interests of victims of violence by any lawful means including providing of legal aid, medical, financial or other assistance shall register itself with the State Government as a service provider for the purposes of this Act.

(2) The appropriate government agency shall —

(a) keep a register of all accredited service providers and circulate same to all police stations, protection officers and the courts; and

(b) draw up guidelines for the operation of the accredited service providers.

(3) A service provider so registered under sub section (1) shall have the power to-

(a) record the violence incidence report in the prescribed form if the aggrieved person so desires and forward a copy thereof to the Magistrates and the Protection Officer having jurisdiction in the area where the violence took place;

       

(b)get the aggrieved person medically examined and forward a copy of the medical report to the Protection Officer and the Police station within the locality of which the violence act took place.

(c)Ensure that the aggrieved person is provided shelter in a shelter home, if she so requires and forward a report of the lodging of the aggrieved person in the shelter home to the police station within the locality of which the violence act took place.

(4) No suit, prosecution or other legal proceeding shall lie against any service provider who is, or who is deemed to be acting or purporting to act under this Act, for anything which is in good faith done or intended to be done in the exercise of powers or discharge of functions under this Act towards the prevention of the commission of violence.

Protection Officers

40. (1) The appropriate government agency shall appoint such number of protection officers in each Local Government 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 Local Government Council to ensure that the victims/survivors of violence;

(a) has easy access to accredited service providers;

(b) has 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) is able to collect her belongings or properties from a shared household or her residence, if the complainant so requires;

(d) is able to access the court for orders under this Act; or

(e) has 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 this Act.

(2) The protection officer may, 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 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.

Coordinator for Prevention of Domestic Violence

41. The body vested with the regulation of this Act shall appoint a person as the coordinator for the prevention of domestic violence who shall submit annual report to the State Government on the implementation of this Act a copy of which would be deposited with the National Bureau for Statistics.

Dangerous Sexual Offenders

42. A court may declare a person who has been convicted of a sexual offence a dangerous sexual offender if such person has:-

(1) (a) more than one conviction for a sexual offence;

    

     (b) been convicted of a sexual offence which was accompanied;

      

(c)    been convicted of a sexual offence against a child.

PART 4 REGULATORY BODY

Regulatory/Implementing body

43. (1) There is hereby established a body to be known as Agency on Violence Against Persons (herein referred to as “the Agency”).

(2) The Agency shall be-

(a) a body corporate with perpetual succession and a common seal;

(b) capable of suing and being sued in its corporate name;

(c) capable of acquiring, holding or disposing of any property, movable or immovable, for the purpose of carrying out its functions.

Functions of the Agency

44. (1) The Agency shall:-

(a) monitor and supervise the implementation of the provisions of this Act;

(b) administer the operations of the Trust Fund;

(c) provide and manage victims crisis centres;

(d) register accredited service providers, draw up guidelines for their operations and supervise their activities;

(e) perform such other functions as may be specified by any law or enactment; and

(f) create directories of services

(g) recruit staff for the Agency;

(h) undertake such other activities as are necessary or expedient for giving full effect to  the provisions of this Act.

(2) The Agency shall also co-ordinate the activities of the police and the accredited service providers to ensure that the victim:-

(a) has easy access to accredited service providers;

(b) has easy access to transportation to an alternative residence or a safe shelter, the nearest hospital or medical facility for treatment, if the victim so requires;

(c) is able to collect his/her belongings or properties from a shared household or his/her residence, if the victim so requires;

(d) is able to access the court for order under this Act; or

(e) has 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 this Act.

(3) The Agency may, 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 victim or deposit with court a portion of the wages or salaries or debt due to or accrued to the credit of 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.

(4) The Agency, to facilitate performance of its function may appoint such number of its officers in each Local Government Council as it may consider necessary, to assist the court in the discharge of its duties under this Act.

Composition of the Agency

45. (1) The Agency shall consist of the following members:

(a) A Chairperson (or chair) who shall be appointed by the Governor  and being a person who by reason of his or her ability, experience, specialized knowledge or professional attainment or outstanding contributions is determined fit for the position;

(b) the representative of-

(i) the Commissioner of Police, not below the rank of an Superintendent of Police;

(ii) the Ministry of Justice;

(iii) the Ministry of Health; and

(iv) the Nigeria Prisons Service;

(c) two representatives of the Ministry of Women Affairs;

(d) an Officer of the National Human Rights Commission;

(e) an Officer of the Legal Aid Council;

(f) 4 persons from the Legislative Advocacy Coalition on Violence Against Women;

(g) two representatives from religious organizations;

(h) the Director-General, a woman, who shall be the administrative head of the Agency.

(2) The representatives of the ministries shall be public servants not below the cadres of Grade Level 14 officers;

(3) A person appointed as a member of the Agency shall hold office for a term of four years only and shall not be eligible for re-appointment.

(4) A member of the Agency shall cease to hold office if the person:

(i) he or she becomes of unsound mind or is incapable of carrying out his or her duties;

(ii) he or she becomes bankrupt;

(iii) he or she is convicted of a felony or any offence involving dishonesty; or

(iv) he or she is guilty of serious misconduct relating to his or her duties.

(5) Members of the Agency appointed under this section shall be paid such remuneration and allowances as the Governor, on the recommendation of the Revenue Mobilization Allocation and Fiscal Commission may direct.

(6) Subject to Section 27 of the Interpretation Act, the Agency may make standing orders regulating its proceedings.

Quorum

46. The quorum of the Agency shall be one-third of the members; and the validity of its proceedings shall not be affected by any defect in the appointment of any member or by reason that a person not entitled to do so took part in the proceedings.

Management of the Agency

47. (1) The Agency shall be empowered to:-

 (a) disburse funds;

 (b) appoint external auditors;

 (c) oversee its own administration;

 (d) engage in fund raising for the purpose of carrying out its functions.

Establishment of Trust Fund

48. (1) There is hereby established for the Agency a Trust Fund for victim of Violence Against Persons.

(2) The Trust Fund shall be set up primarily for the purpose of providing aid for the victim of Violence Against Persons through:-

(a) rehabilitation of victim, individually or as a group;

(b) reintegrating the victim into the society;

(c) provision of shelter;

(d) provision of legal aid;

(e) programmes on violence against persons;

(f) provision of guidance and counselling;

(g) payment of medical expenses for victim; and

(h) support of organizations which give direct assistance to victim of violence against persons.

Interim Regulatory Body

49. (1) Pending the setting up of the Agency, the mandate of Ministry of Justice is hereby expanded to administer and manage the provisions of this Act in the interim.

(2) The Ministry of Women Affairs shall administer this Act in the interim in collaboration with relevant stakeholders, including faith based organizations

PART 5 CONSEQUENTIAL AMENDMENT

General Savings and Repeal

50. (1) Any offence committed or proceedings instituted before the commencement of this Act under the provisions of the -

(a) Criminal Code

(b) Criminal Procedure Code

(c) Any other law in regulation relating to any act of violence defined by this Act shall as the case may require be enforced or continue to be enforced by the provisions of this Act.

(2) The Provisions of the Criminal Code and Criminal Procedure Code as it relates to offences provided for in this Act are hereby repealed.

PART 6 INTERPRETATION

Interpretation

51. In this Act–

“Abandonment of women, children and other persons” means deliberately leaving women, children and other persons under the perpetrator’s care, destitute and without any means of subsistence;

“Accredited service provider” means governmental, non-governmental, faith based, voluntary and charitable associations or institutions providing shelter, homes, counselling, legal, financial, medical or other assistance to victims of domestic violence and are registered with the appropriate government ministry under the provisions of this Act;

“Arm” means any arm or any armament as defined in section 1(1) of the Firearms Act Cap 69 Laws of the Federal Republic of Nigeria 1990

“Circumcision of a girl or woman” means cutting off all or part of the external sex organs of a girl or woman other than on medical ground.

“Civil proceedings” means

i.        proceedings for the making, variation or discharge of a protection order, safety order or interim protection order;

ii.      proceedings by way of appeal or case stated which are related to proceedings to which paragraph(i) applies;

iii.    proceedings under this Act for compensation or award;

iv.     

“Court” means both the Magistrates Court and High Court

“Damage to property” means the wilful destruction or causing of mischief to any property belonging to a person or in, which a person has, a vested interest;

“Dangerous weapon” means any instrument and/or machine directed toward a person with the intention of inflicting bodily harm on such person and includes, but is not limited to, a gun, knife, stick, whip or other household appliance capable of inflicting bodily harm on a person.

“Domestic relationship” means a relationship between any person and a perpetrator of violence constituted in any of the following ways:

(i) They are or were married to each other, including marriages according to any law, custom or religion;

(ii) They live or have lived together in a relationship in the nature of marriage, although they are not or were not married to each other;

(iii) They are the parents of a child or children or are the persons who have or had a parental responsibility for that child or children;

(iv) They are family members related by consanguinity, affinity or adoption;

(v) They are or were in an engagement, dating or customary relationship, including actual or perceived romantic, intimate or sexual relationship of any duration; or

(vi) They share or recently shared the same residence.

“Domestic Violence” means any act perpetrated on any person in a domestic relationship where such act causes harm or may cause imminent harm to the safety, health or well-being of any person and this includes the following acts;

“Economic abuse” means forced financial dependence; denial of inheritance or succession rights, the unreasonable deprivation of economic or financial resources to which any person is entitled or which any person requires out of necessity, including household necessities, mortgage bond repayments or payment of rent in respect of a shared residence; the unreasonable disposal or destruction of household effects or other property in which any person has an interest;

“Emergency monetary relief” means compensation for monetary losses suffered by any person arising from an act of violence and does not in any way constitute a maintenance order, including–

(a) Loss of earnings;

(b) Medical and dental expenses;

(c) Relocation and accommodation expenses;

(d) Household necessities; or

(e) Legal fees related to obtaining and serving the protection order.

“Emotional, verbal and psychological abuse” means a pattern of degrading or humiliating conduct towards any person, including repeated insults, ridicule or name calling; repeated threats to cause emotional pain; or the repeated exhibition of obsessive possessiveness, which is of such a nature as to constitute a serious invasion of such person’s privacy, liberty, integrity or security;

“Forced isolation from family and friends” includes but is not limited to preventing a person from leaving the home or from having contact with family, friends or the outside community;

“Harassment” means engaging in a pattern of conduct that induces fear of harm or impairs the dignity of a person including stalking; repeatedly making telephone calls or inducing another person to make telephone calls to a person, whether or not conversation ensues; repeatedly sending, delivering or causing delivery of information such as letters, telegrams, packages, facsimiles, electronic mail, text messages or other objects to any person;

“Harmful traditional practices” means all traditional behaviour, attitudes and/or practices, which negatively affect the fundamental rights of women, girls, or any person and includes harmful widowhood practices, denial of inheritance or succession rights, female genital mutilation or female circumcision, forced marriage and forced isolation from family and friends;

“Perpetrator” means any person who has committed or allegedly committed an act of violence as defined above;

“Incest” means an indecent act or an act which causes penetration with a person who is to his/her knowledge his/her daughter/son, grand daughter/son, sister/brother, mother/father, niece/nephew, aunt/uncle, grandmother/granduncle.

“Indecent exposure” means the intentional exposure of the genital organs, or a substantial part thereof, with the intention of causing distress to the other party;

“Intimidation” means the uttering or conveying of a threat or causing any person to receive a threat, which induces fear, anxiety or discomfort;

“Physical abuse” means acts or threatened acts of physical aggression towards any person such as slapping, hitting, kicking and beating;

“Political violence” means any act or attempted act of violence perpetrated in the course of political activities, such as elections, and includes any of the following acts: thuggery, mugging, use of force to disrupt meetings, or the use of dangerous weapons that may cause bodily harm or injury;

“Protection officer” means an officer appointed under section 41 of this Act in relation to and for the purpose of this Act;

“Sexual abuse” means any conduct, which violates, humiliates or degrades the sexual integrity of any person;

“Sexual assault” means the intentional and unlawful touching, striking or causing of bodily harm to an individual in a sexual manner without his/her consent;

“Sexual exploitation” occurs where a perpetrator, for financial or other reward, favour or compensation invites, persuades, engages or induces the services of a victim, or offers or performs such services to any other person;

“Sexual harassment” means unwanted conduct of a sexual nature or other conduct based on sex or gender which is persistent or serious and demeans, humiliates or creates a hostile or intimidating environment. This may include physical, verbal or non-verbal conduct.

Sexual intimidation means

(a)    any action or circumstances which amount to demand for sexual intercourse with either a male or a female under any guise, as a condition for passing examination, securing employment, business patronage, obtaining any favour in any form whatsoever, as may be defined in this Act or any other enactments;

(b)    the actual demand for sexual intercourse with either a male or female under any guise, as a condition for passing examination, securing employment, business patronage and or obtaining any favour in any form whatsoever, as may be defined in this Act or any other enactments;

(c)    acts of deprivation, withholding, replacing and or short-changing of entitlements, privileges, rights, benefits, examination or test marks/scores, and any other form of disposition capable of coercing any person to submit to sexual intercourse for the purpose of receiving reprieve thereto;

(d)   any other action or inaction construed as sexual intimidation/harassment under any other enactments in force in Nigeria.

“Spousal / Partner battery” means the intentional and unlawful use of force or violence upon a person, including the unlawful touching, beating or striking of another person against his/her will with the intention of causing bodily harm to that person.

“Stalking” means repeatedly watching, or loitering outside of or near the building or place where such person resides, works, carries on business, studies or happens to be; or repeatedly following, pursuing or accosting any person in a manner which induces fear or anxiety;

“Substance attack” means the exposure of any person to any form of chemical, biological or any other harmful liquid with the intention to cause grievous bodily harm, which includes but is not limited to acid attack, hot water, hot oil;

“Trafficking” means the supply, recruitment, procurement, capture, removal, transportation, transfer, harbouring, sale, disposal or receiving of a person, within or across the borders of the Federal Republic of Nigeria, for use in sexual acts, including sexual exploitation or pornography of any person.;

“Victim” means any person or persons, who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are in violation of this Act and/or the criminal laws of the country. Victim also 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;

“Violence” in this Act, unless the context otherwise requires violence means 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;

“Violence in the private sphere” means 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” means 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;

“Violence perpetrated by non-state actors” includes:

(i) Wrongful arrest and detention;

(ii) Assault;

(iii) Use of force without lawful authority;

(iv) Unlawful entry into the premises;

(v) Demolition of property without due processes.

“Vulnerable groups” means women, children, persons living under extreme poverty, persons with disability, the sick and the elderly, ethnic and religious minority groups, refugees, internally displaced persons, migrants and persons in detention;

Short title

52. This Bill may be cited as Violence Against Persons (Prohibition) Bill, 2011.

SCHEDULE

AFFIDAVIT, APPLICATION AND FORMS OF PROTECTION ORDER

FORM 1

GENERAL FORM OF APPLICATION FOR PROTECTION ORDER

In the ———————————————————————— Court

In the ———————————————————————— Division/District

Suit No ———————————————————————

Between

A.B —————————————————————————— Complainant

And

C.D —————————————————————————— Respondent

APPLICATION FOR PROTECTION ORDER BY THE VICTIM

The Complainant applies that he/she be protected by the Honourable Court by the issuance of a protection order against the Respondent.

Dated this ———————— day of ————————

————————————————

Complainant/Complainant’s Counsel

FORM 2

GENERAL FORM OF APPLICATION FOR PROTECTION ORDER BY A PERSON OTHER THAN THE VICTIM.

In the——————————————————————— Court

In the ——————————————————————— Division/ District

Suit No ———————————————

Between

A.B ———————————————————————— Complainant

And

C.D ——————————————————————— Respondent

And

E.F ———————————————————————— Guardian/ Social Worker/ Police Officer etc.

APPLICATION FOR PROTECTION ORDER BY A PERSON OTHER THAN THE VICTIM

I, E.F. Guardian to A.B. the Complainant, hereby applies that AB be protected by the Honourable Court by the issuance of a Protection Order against the Respondent.

Dated this ——————— day of —————————

E.F

———————————————————————————————

Guardian/Police Officer/Social Worker, etc

FORM 3

AFFIDAVIT IN SUPPORT OF APPLICATION FOR PROTECTION ODRER

In the —————————————— Court

In the —————————————— Division/ District

Suit No —————————————

Between

A.B —————————————————————————— Complainant

And

C.D —————————————————————————— Respondent

EF ——————————————————————————— Respondent

I, A.B —————————————of ————————————————— hereby make oath and state as follows:

1. That I am the Complainant/ Guardian of the Complainant/ A Police Officer/ A Protection Officer/ An Accredited Service Provider/ A Counsellor/ A Health Service Provider/ Social Worker/ Teacher etc

———————————

DEPONENT

Sworn to at —————————————— Court Registry

This ————— day of———————

BEFORE ME

COMMISIONER FOR OATHS.

FORM 4

CONSENT TO APPLICATION FOR PROTECTION ORDER IN RELATION TO A PERSON NOT BEING A MINOR, MENTALLY RETARDED PERSON, UNCONSCIOUS OR A PERSON WHO THE COURT IS SATISFIED IS UNABLE TO PROVIDE CONSENT

In the ———————————————— Court

In the ———————————————— Division/ District

Suit No———————————————

Between

A.B——————————————————————————Complainant

And

C.D——————————————————————————— Respondent

EF————————————————————— Guardian

CONSENT TO APPLICATION FOR PROTECTION ORDER

I, AB——————————————Complainant in this case hereby consent to the application by EF, for the issuance of a Protection Order on my behalf.

Dated this———————————— day of ————————————

————————Complainant

FORM 5

GENERAL FORM OF INTERIM PROTECTION ORDER

In the —————————————————————— Court

In the —————————————————————— Division/ District

Suit No—————————————————————

Between

A.B ———————————————————————— Complainant

And

C.D ———————————————————————— Respondent

And

EF——————————————————————————————— Guardian/ Police Officer etc

To: CD —————————————————————— Respondent

INTERIM PROTECTION ORDER

WHEREAS the Complainant/ Guardian etc has applied that the Complainant be protected by this Honourable Court against you;

AND WHEREAS there is prima facie evidence that you have committed an act or acts of domestic violence against the Complainant, or that there is imminent likelihood of your committing such violence against the Complainant;

You are hereby commanded to show cause on the ————— day of —————— the return date, why a protection order should not be issued against you.

THIS ORDER shall serve as a protection order for the Complainant until the return date.

Given under my hand this————— day of———————

———————————

Judge/ Magistrate

FORM 6

GENERAL FORM OF PROTECTION ORDER

In the ———————————————————————— Court

In the ———————————————————————— Division/ District

Suit No ———————————————————————

Between

A.B ————————————————————————————— Complainant

And

C.D————————————————————————————— Respondent

And

EF —————————————————————————————— Guardian/ Police Officer etc

To: CD – Respondent

PROTECTION ORDER

WHEREAS the Complainant/Guardian, etc has applied that the complainant be protected by this Honourable Court against you;

AND WHEREAS there is prima facie evidence that you have committed an act or acts of domestic violence against the complainant, or that there is imminent likelihood of your committing such violence against the complainant;

You are hereby prohibited from:

(insert whichever is appropriate)

(a) committing any act of domestic violence;

(b) enlisting the help of another person to commit any such act;

(c) entering a shared household: Provided that the court may impose this prohibition only if it appears to be in the best interests of the complainant;

(d) entering a specified part of such a shared household;

(e) entering the complainant’s residence;

(f) entering the complainant’s place of employment;

(g) preventing the complainant from entering or remaining in the shared household or a specified part of the shared household;

(h) alienating or disposing the shared household or encumbering same;

(i) renouncing his rights in the shared household except in favour of the complainant;

(j)c ommitting any other act as specified in the protection order; and/or

(k) as the court deems fit.

Given under my hand this ————————— day of ———————

———————————

Judge/ Magistrate