A human rights lawyer, Mr. Femi Falana, Sunday said he would challenge the Sexual Offences Bill, which the Senate passed into law at the twilight of the seventh National Assembly, in the court of competent jurisdiction if the upper chamber refused to reverse itself.
However, the initiator of the bill, Senator Chris Anyanwu, disagreed with the Nobel laureate, Prof. Wole Soyinka, noting that there was nowhere in the bill that stated a girl of 11 years old can be defiled.
Human rights lawyer, Mr. Femi Falana
Falana, who co-signed the letter with his wife, Funmi, said having passed the bill into law, the senate “cannot plead innocence in this circumstance. It has to bear full responsibility for the legislative negligence.”
He explained that since the obnoxious provision was illegally inserted by the Committee on Judiciary and Legal Matters without approval, the senate had “to reverse itself and amend the relevant provisions of the Sexual Offences Bill, 2015. Our law firm has made a request to that effect.”
He added that if the bill “is eventually passed into law with its obnoxious provisions, we shall not hesitate to pray the Federal High Court to strike it down in view of Article 18(3) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004.
“The Act has imposed a duty on the Government of Nigeria to ensure the elimination of every discrimination against women and ensure the protection of the rights of the woman and the child, as stipulated in international declarations and conventions,” the lawyer said.
Falana recalled that Senator Chris Anyanwu, who sponsored the Sexual Offences Bill had justified the urgent need “to pass the bill into law to save our girls and women from sexual exploitation and molestation.
“When the bill was unanimously passed for a second reading by the Senate on November 21, 2013, it sought to prescribe a penalty of life imprisonment for the offence of defilement of children less than 18 years of age.”
In her letter, Anyanwu argued that nowhere in the bill passed by senate was stated that you can defile an 11 years old and nowhere in the bill passed by the Senate was the age “11 years” mentioned.
According to her, what was passed in relation to your area of pre-occupation is defilement clause 6 (2): A person who commits an offence of defilement shall upon conviction be sentenced to imprisonment for life.
He explained that the bill “has been fabricated to provide a strong deterrence against abuses. When implemented, it will mitigate the private sufferings of parents; reduce the fear of what happens in their absence to their children at school, in the play grounds, in the neighborhoods, even in religious spaces.
“Nigeria today is not a safe place for children; not a safe place for girls; not a safe place for small boys; and it is not a safe place either for old women. This legislation proposes condign punishments for abhorrent crimes such as we are seeing in our country today.
“It even covers crimes yet to arrive our shores. Under this bill, pedophiles will be put away for life not made rock stars as we do today. This bill will bring sanity to our society. It will make Nigeria a better place for all.”
Also speaking with journalists at an interactive session at the weekend in Abuja, Anyanwu described the misconception of the bill as a mixture of ignorance and mischief.
She denied that the bill only made provision for punishment of an offender who commits defilement with a child under the age of 11 years.
The senator who represented Owerri zone in the 6th and 7th Senate, explained that the bill neither encourages pedophile nor support any form of defilement, but seeks to protect both male and female children, adults, the aged and people who are mentally deranged and cannot take decision on such issues.
According to Anyanwu, the bill provides that anyone who commits defilement, irrespective of the victim’s age is liable to life imprisonment.
“I think it is a mixture of mischief and ignorance to think that the bill technically supports sex with children of 11 years of age, it is a case of somebody who doesn’t know how to read legal documents” she said.
Anyanwu explained further that clause 6 of the bill provides that; “A person who commits an offence that causes penetration with a child is guilty of an offence called defilement.”
She also said provisions of the bill included that; “A person who commits and offence of defilement with a child aged 11 years or less upon conviction shall be sentenced to imprisonment for life.”
“A person who commits an offence of defilement with a child between 12 and 15 years old shall upon conviction be sentence to imprisonment for life.”
“A person who commits an offence of defilement with a child between age 16 and 18 years old shall upon conviction be sentenced to imprisonment for life.”
She explained that the succeeding provisions were deleted at the committee level in the senate, because there is no disparity in the punishment for the offence, irrespective of age difference.
According to her, various law covering various types of sexual offences are outdated, since they were carried over from the colonial government. “Imagine law of 1945, 1948 still being applied up till now,” she said.
She insisted that the went through the normal legislative process; “It went through public hearings that were well attended, by judges, attorneys general from the states and the Attorney General of the federation and other interest groups. In fact the judiciary committee had some consultants to scrutinise the bill, and that the bill attracted 100 per cent approval on the two occasions that we had debates on it. Everybody from the north, south, either Muslim or Christians, all voted in support.”
However, the initiator of the bill, Senator Chris Anyanwu, disagreed with the Nobel laureate, Prof. Wole Soyinka, noting that there was nowhere in the bill that stated a girl of 11 years old can be defiled.
The duo expressed divergent views in separate letters addressed to Soyinka on Sunday over the obnoxious clause in the bill, which Falana said only criminalised the defilement of children under 11 years, contrary to the section 29(4)(a) of the 1999 Constitution.
Falana, who co-signed the letter with his wife, Funmi, said having passed the bill into law, the senate “cannot plead innocence in this circumstance. It has to bear full responsibility for the legislative negligence.”
He explained that since the obnoxious provision was illegally inserted by the Committee on Judiciary and Legal Matters without approval, the senate had “to reverse itself and amend the relevant provisions of the Sexual Offences Bill, 2015. Our law firm has made a request to that effect.”
He added that if the bill “is eventually passed into law with its obnoxious provisions, we shall not hesitate to pray the Federal High Court to strike it down in view of Article 18(3) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004.
“The Act has imposed a duty on the Government of Nigeria to ensure the elimination of every discrimination against women and ensure the protection of the rights of the woman and the child, as stipulated in international declarations and conventions,” the lawyer said.
Falana recalled that Senator Chris Anyanwu, who sponsored the Sexual Offences Bill had justified the urgent need “to pass the bill into law to save our girls and women from sexual exploitation and molestation.
“When the bill was unanimously passed for a second reading by the Senate on November 21, 2013, it sought to prescribe a penalty of life imprisonment for the offence of defilement of children less than 18 years of age.”
In her letter, Anyanwu argued that nowhere in the bill passed by senate was stated that you can defile an 11 years old and nowhere in the bill passed by the Senate was the age “11 years” mentioned.
According to her, what was passed in relation to your area of pre-occupation is defilement clause 6 (2): A person who commits an offence of defilement shall upon conviction be sentenced to imprisonment for life.
He explained that the bill “has been fabricated to provide a strong deterrence against abuses. When implemented, it will mitigate the private sufferings of parents; reduce the fear of what happens in their absence to their children at school, in the play grounds, in the neighborhoods, even in religious spaces.
“Nigeria today is not a safe place for children; not a safe place for girls; not a safe place for small boys; and it is not a safe place either for old women. This legislation proposes condign punishments for abhorrent crimes such as we are seeing in our country today.
“It even covers crimes yet to arrive our shores. Under this bill, pedophiles will be put away for life not made rock stars as we do today. This bill will bring sanity to our society. It will make Nigeria a better place for all.”
Also speaking with journalists at an interactive session at the weekend in Abuja, Anyanwu described the misconception of the bill as a mixture of ignorance and mischief.
She denied that the bill only made provision for punishment of an offender who commits defilement with a child under the age of 11 years.
The senator who represented Owerri zone in the 6th and 7th Senate, explained that the bill neither encourages pedophile nor support any form of defilement, but seeks to protect both male and female children, adults, the aged and people who are mentally deranged and cannot take decision on such issues.
According to Anyanwu, the bill provides that anyone who commits defilement, irrespective of the victim’s age is liable to life imprisonment.
“I think it is a mixture of mischief and ignorance to think that the bill technically supports sex with children of 11 years of age, it is a case of somebody who doesn’t know how to read legal documents” she said.
Anyanwu explained further that clause 6 of the bill provides that; “A person who commits an offence that causes penetration with a child is guilty of an offence called defilement.”
She also said provisions of the bill included that; “A person who commits and offence of defilement with a child aged 11 years or less upon conviction shall be sentenced to imprisonment for life.”
“A person who commits an offence of defilement with a child between 12 and 15 years old shall upon conviction be sentence to imprisonment for life.”
“A person who commits an offence of defilement with a child between age 16 and 18 years old shall upon conviction be sentenced to imprisonment for life.”
She explained that the succeeding provisions were deleted at the committee level in the senate, because there is no disparity in the punishment for the offence, irrespective of age difference.
According to her, various law covering various types of sexual offences are outdated, since they were carried over from the colonial government. “Imagine law of 1945, 1948 still being applied up till now,” she said.
She insisted that the went through the normal legislative process; “It went through public hearings that were well attended, by judges, attorneys general from the states and the Attorney General of the federation and other interest groups. In fact the judiciary committee had some consultants to scrutinise the bill, and that the bill attracted 100 per cent approval on the two occasions that we had debates on it. Everybody from the north, south, either Muslim or Christians, all voted in support.”
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