On the twilight of their tenure, the seventh Senate hurriedly passed 46 bills within 10 minutes. Among the bills, one which attracted comments based on the weighty punishment prescribed for the offenders, is the Sexual Offences Bill 2015. Life imprisonment seems not proper for such offence, but lawyers argue that rape is worse than murder and even canvassed for death penalty for rapists. Senior Correspondent, ONYEWUCHI OJINNAKA, captures the lawyers’ views.
On Wednesday, June 3, the immediate seventh National Assembly hurriedly passed 46 bills in approximately 10 minutes. The bills are currently waiting to be signed into law by President Muhammadu Buhari. One of the bills passed by the Senate was the Sexual Offences Bill, 2015 which prescribes life imprisonment for rapists and those who have sexual intercourse with children under 11 years.
The bill was passed consequent upon the report of the Committee on Judiciary, Human Rights and Legal Matters, under the chairmanship of Umaru Dahiru (APC, Sokoto South).
While presenting the report, Dahiru submitted that the passage of the bill would give legal backing to the prosecution of sexual offenders, adding that, if approved, rapists and those who sexually abuse children would incur life imprisonment, while other sexual offenders would also be sentenced to serve various prison terms.
Expressing his happiness on the efforts of the committee, then president of the Senate, David Mark, while presiding over the session, said he was happy that the committee had evolved a stronger law against sexual violations.
“I want to particularly thank and congratulate Chris Anyanwu, the sponsor of the bill, for initiating the process of this amendment,” he said.
Speaking with reporters after the session, Senator Anyanwu, who was representing Imo East on the platform of the All Progressives Grand Alliance (APGA), said the passage of the bill was a parting gift from her to Nigerians.
“It is indeed a fulfilment of my mission in the Upper Chamber,” she said.
According to her, some of the sexual offences listed in the bill include gang rape, lacing drinks with drugs with intent to sexually abuse, deliberately infecting someone with HIV and other diseases.
Others offences in the bill are child sex tourism, sexual harassment and prostitution of persons with mental disabilities.
She said the bill had mandated the storing of names of sexual offenders in a database for institutional and social stigmatisation.
“Culprits would never be employed in any institution where they may pose a risk to unsuspecting persons. You can see that the penalties are weighty,” she stressed.
She also said convicted offenders would be subjected to compulsory medical examination, while “those that, however, bring false sexual allegation against any person will also be liable for punishment”.
Expressing his position on the bill, a Senior Advocate of Nigeria (SAN), Prof. Itse Sagay, said he absolutely supports the bill.
According to the constitutional lawyer, “rape is most inhuman and life-threatening”.
He decried the act, saying that it is a forceful invasion of a woman’s privacy. “It endangers the life of the victim because a rapist may use any weapon like knife or gun to force a woman to sexual orgy, and at the end of the day, some who feel that they may be identified even strangle their victim to death, to conceal their heinous act.”
Sagay stressed that no punishment can be too much for such people who are inhuman, who take delight in forcing females to yield to their animalistic urges.
Speaking on rape against minors, Sagay stressed that the rapist deserves punishment more than life imprisonment. “It is not just obscene; it is worse than raping female adult. It is evil and should attract death penalty.”
Also speaking on the issue, a Lagos-based lawyer, Emecheta Ugwu, said there is nothing wrong in prescribing life imprisonment for rapists, stressing that raping a minor is “animalistic”.
Ugwu decried the act of rape, saying that it is a total act of irresponsibility.
“Having sex with an adult forcefully is criminal, and raping an underage is animalistic. There is nothing wrong with the law,” he said.
Another Lagos lawyer, Chijike Jakponna, has a slightly different views. He preferred the retention of the current punishment which are maximum of 14 years and minimum of seven years.
“The prescription of life imprisonment for rape will be difficult to prosecute because it is the court that will interpret the law. It is not a law,” he expressed.
Besides, he said the case of rape is difficult to prove because families would not come out to give evidence, as they would not want exposure like going to the police or court. Also doctors would not help matters, as they may take gratification and give a different laboratory result.
“It is a complex phenomenon,” Jakponna said.
According to him, the lawmakers should have made a law that will be functional and not law that will be difficult to prosecute.
Expressing his position on the issue, another Lagos lawyer, Chidi Nwuke, admitted that rape is a heinous crime which can ruin the life of the victim. “It is a criminal act which deserves a reasonable punishment, but not as severe as prescribed by the bill,” he said.
On the other hand, in order to appreciate the import of the law, he said it is important to know the essence of punishment.
“In as much as punishment is a punitive measure, it is also supposed to be instrument for reformation. It is not supposed to be destructive,” he added.
For Nwuke, 20 to 25 years is sufficient punishment for first offender of rape. “If the person eventually comes out from prison, it is expected that he should be useful to the society.” He said, for first offenders, the punishment is severe; but for serial offenders, life imprisonment could be applied. “Life imprisonment should be reserved for second, third or serial offenders.”
