VIOLENCE AGAINST PERSONS (PROHIBITION) ACT, 2015 THE … · 6. Prohibition of Female Genital...

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Transcript of VIOLENCE AGAINST PERSONS (PROHIBITION) ACT, 2015 THE … · 6. Prohibition of Female Genital...

Page 1: VIOLENCE AGAINST PERSONS (PROHIBITION) ACT, 2015 THE … · 6. Prohibition of Female Genital Mutilation (a) A person who forces another person to engage in any sexual act/conduct
Page 2: VIOLENCE AGAINST PERSONS (PROHIBITION) ACT, 2015 THE … · 6. Prohibition of Female Genital Mutilation (a) A person who forces another person to engage in any sexual act/conduct

VIOLENCE AGAINST PERSONS (PROHIBITION) ACT, 2015

THE VAPP ACT, 2015

An Act to eliminate violence in private and public life, prohibit all forms of violence against persons and to provide maximum protection and effective remedies for victims and punishment of offenders; and for

related matters.

[Commencement 23rd Day of May 2015]

ENACTED by the National Assembly of the Federal Republic of Nigeria:

The VAPP Act can be used by all persons to seek and secure justice for acts of violence meted out to them. This includes women, children and

persons with disabilities.

This is a simplified and inclusive version of the Act to make it easy for all to read it, understand it and relate to it and use it to seek/access justice.

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gun, stick, razor blade, etc) or substance has committed an

offence. He/she will go to prison for up to 3 years or pay a fine of up

to N200,000.00 or both.

(e) The Court may also make sure that the person pays the victim

some money for what he/she has done.

When a person forces another person to

do anything that will injure that person

physically or psychologically, he/she has

committed an offence and will go to prison

for 3 years.

(a) A person who intentionally makes another person afraid of being

physically injured, has committed an offence. He/she will go to

prison for up to 2 years or pay a fine of up to N200,000.00 or both.

(b) A person who tries to make another person afraid of being physically injured, has committed an offence. He/she will go to prison for up to 1 year or pay a fine of up to N100,000.00 or both.

(c) A person who helps, supports or advices another person to make somebody afraid of being physically injured, has committed an offence.

He/she will go to prison for up to 1 year or pay a fine of up to N200,000.00 or both.

(d) A person who welcomes, protects, hides another person whom he/she knows has made somebody afraid of being physically injured, has committed an offence. He/she will go to prison for up to 1 year or pay a fine of up to N200,000.00 or both.

3. Coercion

4. Willfully placing a person in fear of physical injury

PART I - OFFENCES

When any person intentionally penetrates the vagina, anus or

mouth of another person with any part of

his/her body or any object, without the

person's permission or through force,

threats, tricks and deceit, that person

has committed an offence called RAPE.

The person will go to prison for the rest

of their life and also pay the victim some

money for the suffering they have put

them through. The person's name will

also be included in a document where

names of sex offenders are registered and made open to the public.

(a) A person who purposely injures another person using a weapon

e.g. knife, gun, stick, razor blade, etc) or substance has committed

an offence. He/she will go to prison for up to 5 years or pay a fine of

up to N100,000.00 or both.

(b) A person who tries to injure another

person using a weapon e.g. knife, gun,

stick, razor blade, etc) or substance

has committed an offence. He/she will

go to prison for up to 3 years or pay a

fine of up to N200,000.00 or both.

© A person who helps, supports or

advices another person to injure

somebody using a weapon e.g. knife,

gun, stick, razor blade, etc) or substance has committed an

offence. He/she will go to prison for up to 3 years or pay a fine of up

to N200,000.00 or both.

(d) A person who welcomes, protects, hides another person whom

he/she knows has injured somebody using a weapon (e.g. knife,

1. Rape

2. Physical Injury

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5. Offensive Conduct

6. Prohibition of Female Genital Mutilation

(a) A person who forces another person to engage in any sexual

act/conduct or any activity which causes them physical or

psychological injury has committed an offence. He/she will go to

prison for up to 2 years or pay a fine of

up to N500,000.00 or both.

(b) A person who tries to force another

person to engage in any sexual

act/conduct or any activity which

causes them physical or psychological

injury has committed an offence.

He/she will go to prison for up to 1 year

or pay a fine of up to N300,000.00 or

both.

(c) A person who helps, supports or advices another person to force

somebody to engage in any sexual act/conduct or any activity

which causes them physical or psychological injury has committed

an offence. He/she will go to prison for up to 1 year or pay a fine of

up to N300,000.00 or both.

(d) A person who welcomes, protects, hides another person whom

he/she knows has forced somebody to engage in any sexual

act/conduct or any activity which causes them physical or

psychological injury has committed an offence. He/she will go to

prison for up to 1 year or pay a fine of up to N300,000.00 or both.

(a) Cutting, tearing, damaging or

disfiguring any part or area of the vagina

of any woman or girl child is an

OFFENCE.

(b) A person who cuts, tears, damages or

disfigures any part or area of the vagina

of any woman or girl child or allows

another person to do so will go to prison

for up to 4 years or pay a fine of up to

N200,000.00 or both.

I HOPE HE ISN’T LYING HE PAID MY MONEY ‘CAUSEI CAN’T HEAR...I WISH THIS

POLICE STATION HAS A SIGN LANGUAGE INTERPRETER

(c) A person who tries to cut, tear, damage or disfigure any part or

area of the vagina of any woman or girl child or allows another

person to do so will go to prison for up to 2 years or pay a fine of up

to N100,000.00 or both.

(d) A person who helps, supports or advices another person to cut,

tear, damage or disfigure any part or area of the vagina of any

woman or girl child will go to prison for up to 2 years or pay a fine of

up to N100,000.00 or both.

(a) Any person who destroys, alters, or

fakes any book or document, dress or

clothing which could serve as evidences,

because he/she is trying to cover up an

offence or mislead, or frustrate the

investigation and punishment of

someone who has committed any of the

offences mentioned in this VAPP Act or

any other law, has committed an offence

and will go to prison for up to 3 years or

pay a fine of up to N500,000.00 or both.

A person who intentionally tells lies

whether verbally or in writing to make

another person be wrongfully arrested or

investigated has committed an offence.

He/she will go to prison for up to 2 years

or pay a fine of up to N300,000.00 or

both.

(a) A person who throws his/her husband/wife out of the house or

stops them from entering the house has committed an offence.

He/she will go to prison for up to 2 years or pay a fine of up to

N300,000.00 or both.

7. Frustrating investigation

8. Willfully Making False Statements

9. Forceful Ejection from Home

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(b) A person who tries to throw his/her husband/wife out of the

house or stops them from entering the house has committed an

offence. He/she will go to prison for up to 1 year or pay a fine of up to

N200,000.00 or both.

(c) A person who helps, supports or

advices another person to throw his/her

husband/wife out of the house or to stop

them from entering the house has

committed an offence. He/she will go to

prison for up to 1 year or pay a fine of up

to N200,000.00 or both.

(d) A person who welcomes, protects,

hides another person whom he/she

knows has thrown his/her husband/wife

out of the house or stopped the husband/wife from entering the

house has committed an offence. He/she will go to prison for up to 1

year or pay a fine of up to N200,000.00 or both.

(a) A person who denies another person their freedom by locking

them up, hiding them, isolating them, etc without the permission of

the court has committed an offence. He/she will go to prison for up

to 2 years or pay a fine of up to N500,000.00 or both.

(b) A person who tries to deny another person their freedom by

locking them up, hiding them,

isolating them, etc without the

permission of the court has

committed an offence. He/she will go

to prison for up to 1 year or pay a fine

of up to N200,000.00 or both..

(c) A person who helps, supports or

advices another person to deny

somebody of their freedom by

locking them up, hiding them,

10. Depriving a Person of his or her Liberty

isolating them, etc without the permission of the court has

committed an offence. He/she will go to prison for up to 2 years or

pay a fine of up to N300,000.00 or both.

(d) A person who welcomes, protects, or hides another person

whom he/she knows has denied somebody of their freedom by

locking them up, hiding them, isolating them, etc without the

permission of the court has committed an offence. He/she will go to

prison for up to 1 year or pay a fine of up to N100,000.00 or both.

(a) A person who intentionally destroys another person's property

with the aim of upsetting or annoying that person has committed an

offence. He/she will go to prison for up to 2 years or pay a fine of up

to N300,000.00 or both.

(b) A person who tries to intentionally destroy another person's

property with the aim of upsetting or annoying that person has

committed an offence. He/she will go to prison for up to 1 year or

pay a fine of up to N200,000.00 or both.

(c) A person who helps, supports or advices another person to

intentionally destroy another person's

property with the aim of upsetting or

annoying that person has committed an

offence. He/she will go to prison for up to

1 year or pay a fine of up to N200,000.00

or both.

(d) A person who welcomes, protects,

hides another person whom he/she

knows has intentionally destroyed

another person's property with the aim of

upsetting or annoying that person has committed an offence.

He/she will go to prison for up to 1 year or pay a fine of up to

N200,000.00 or both.

(a) A person who forces another person to be dependent on them

for money and other basic necessities of life by not allowing them to

11. Damage to property with intent to cause Distress

12. Forced Financial Dependence or Economic Abuse

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work and earn their own money or

by taking their money has

committed an offence. He/she will

go to prison for up to 2 years or pay a

fine of up to N500,000.00 or both.

(b) A person who tries to force

another person to be dependent on

them for money and other basic

necessities of life by not allowing

them to work and earn their own

money or by taking their money has

committed an offence. He/she will

go to prison for up to 1 year or pay a fine of up to N200,000.00 or

both.

(c) A person who helps, supports or advices another person to force

somebody to be dependent on them for money and other basic

necessities of life by not allowing them to work and earn their own

money or by taking their money has committed an offence. He/she

will go to prison for up to 1 year or pay a fine of up to N200,000.00 or

both.

(d) A person who welcomes, protects, hides another person whom

he/she knows has forced somebody to be dependent on them for

money and other basic necessities of life by not allowing them to

work and earn their own money or by taking their money has

committed an offence. He/she will go to prison for up to 6 months or

pay a fine of up to N100,000.00 or both.

(a) A person who forcefully separates another person from his/her

family and friends has committed an offence. He/she will go to

prison for up to 6 months or pay a fine of up to N100,000.00 or both.

(b) A person who tries to forcefully separate another person from

his/her family and friends has committed an offence. He/she will go

to prison for up to 3 months or pay a fine of up to N100,000.00 or

both.

13. Forced isolation or separation from family and friends

(c) A person who helps, supports or advices another person to

forcefully separate somebody from his/her family and friends has

committed an offence. He/she will go to prison for up to 6 months or

pay a fine of up to N100,000.00 or both.

(d) A person who welcomes, protects, hides another person whom

he/she knows has forcefully separated somebody from his/her

family and friends has committed an offence. He/she will go to

prison for up to 3 months or pay a fine of up to N100,000.00 or both.

(a) A person who continuously causes pain and sadness for

another person by always abusing and insulting them has

committed an offence. He/she will go to prison for up to 1 year or

pay a fine of up to N200,000.00 or both.

(b) A person who tries to continuously cause pain and sadness for

another person by always abusing and insulting them has

committed an offence. He/she will go to prison for up to 6 months or

pay a fine of up to N100,000.00 or both.

(c) A person who helps, supports or

advices another person to continuously

cause pain and sadness for another

person by always abusing and insulting

them has committed an offence. He/she

will go to prison for up to 6 months or

pay a fine of up to N100,000.00 or both.

(d) A person who welcomes, protects,

hides another person whom he/she knows has continuously

caused pain and sadness for another person by always abusing

and insulting them has committed an offence. He/she will go to

prison for up to 6 months or pay a fine of up to N100,000.00 or both.

(a) A person who makes a widow go through bad traditional

practices has committed an offence. He/she will go to prison for up

to 2 years or pay a fine of up to N500,000.00 or both.

14. Emotional, Verbal and Psychological Abuse

15. Harmful Widowhood Practices

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(b) A person who tries to make a widow go through bad traditional

practices has committed an offence. He/she will go to prison for up

to 1 year or pay a fine of up to N200,000.00 or both.

(c) A person who helps, supports or

advices another person to make a widow

go through bad traditional practices has

committed an offence. He/she will go to

prison for up to 1 year or pay a fine of up

to N200,000.00 or both.

(d) A person who welcomes, protects,

hides another person whom he/she

knows has made a widow go through bad

traditional practices has committed an

offence. He/she will go to prison for up to 1 year or pay a fine of up to

N200,000.00 or both.

(a) A person who abandons his or her

wife or husband, children or other

dependent without any form of

maintenance has committed an

offence. He/she will go to prison for up to

3 years or pay a fine of up to

N500,000.00 or both.

(b) A person who tries to abandon his or

her wife or husband, children or other

dependent without any form of maintenance has committed an

offence. He/she will go to prison for up to 2 years or pay a fine of up

to N200,000.00 or both.

(c) A person who helps, supports or advices another person to

abandon his or her wife or husband, children or other dependent

without any form of maintenance has committed an offence.

He/she will go to prison for up to 2 years or pay a fine of up to

N200,000.00 or both.

(d) A person who welcomes, protects, hides another person whom

16. Abandonment of Children, Spouse and other

Dependents

he/she knows has abandoned his or her wife or husband, children

or other dependent without any form of maintenance has

committed an offence. He/she will go to prison for up to 2 years or

pay a fine of up to N200,000.00 or both.

(a) A person who always monitors or follows another person around

in a way that makes that person afraid or uncomfortable, has

committed an offence. He/she will go to prison for up to 2 years or

pay a fine of up to N500,000.00 or both.

(b) A person who tries to always monitor or follow another person

around in a way that makes that person afraid or uncomfortable,

has committed an offence. He/she will go to prison for up to 1 year

or pay a fine of up to N200,000.00 or both.

(c) A person who helps, supports or advices another person to

always monitor or follow somebody around in a way that makes that

person afraid or uncomfortable, has committed an offence. He/she

will go to prison for up to 1 year or pay a fine of up to N200,000.00 or

both.

(d) A person who welcomes, protects, hides another person whom

he/she knows has been monitoring or following somebody around

in a way that makes that person afraid or uncomfortable, has

committed an offence. He/she will go to prison for up to 1 year or

pay a fine of up to N200,000.00 or both.

(a) A person who bullies or makes

another person afraid has committed an

offence. He/she will go to prison for up to

1 year or pay a fine up to N200,000.00 or

both.

(b) A person who tries to bully or make

another person afraid has committed an

offence. He/she will go to prison for up to

6 months or pay a fine up to N100,000.00

or both.

17. Stalking

18. Intimidation

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(c) A person who helps, supports or advices another person to bully

or make another person afraid has committed an offence. He/she

will go to prison for up to 6 months or pay a fine of up to

N100,000.00 or both.

(d) A person who welcomes, protects, hides another person whom

he/she knows has bullied or made another person afraid has

committed an offence. He/she will go to prison for up to 6 months or

pay a fine of up to N100,000.00 or both.

(a) A person who beats his or her wife or

husband has committed an offence.

He/she will go to prison for up to 3 years or

pay a fine of up to N200,000.00 or both.

(b) A person who tries to beat his or her

wife or husband, has committed an

offence. He/she will go to prison for up to 1

year or pay a fine of up to N100,000.00 or both.

© A person who helps, supports or advices another person to beat

his or her wife or husband, has committed an offence. He/she will

go to prison for up to 1 year or pay a fine of up to N200,000.00 or

both.

(d) A person who welcomes, protects, hides another person

whom he/she knows has beaten his or her wife or husband, has

committed an offence. He/she will go to prison for up to 1 year or

pay a fine of up to N200,000.00 or both.

(a) A person who makes another person

go through bad traditional practices has

committed an offence. He/she will go to

prison for up to 4 years or pay a fine of

up to N500,000.00 or both.

(b) A person who tries to make another

person go through bad traditional

19. Spousal Battery

20. Harmful Traditional Practices

practices has committed an offence. He/she will go to prison for up

to 2 years or pay a fine of up to N300,000.00 or both.

© A person who helps, supports or advices another person to make

another person go through bad traditional practices has committed

an offence. He/she will go to prison for up to 2 years or pay a fine of

up to N300,000.00 or both.

(d) A person who welcomes, protects, hides another person whom

he/she knows has made somebody go through bad traditional

practices has committed an offence. He/she will go to prison for up

to 2 years or pay a fine of up to N200,000.00 or both.

(a) A person who pours any dangerous

liquid or chemical on another person

has committed an offence. He/she will

go to prison for life with no option of fine.

(b) A person who tries to pour any

dangerous liquid or chemical on

another person has committed an

offence. He/she will go to prison for up to 25 years with no option of

fine.

(c) A person who helps, supports or advices another person to pour

any dangerous liquid or chemical on another person has committed

an offence. He/she will go to prison for up to 25 years with no option

of fine.

(d) A person who welcomes, protects, hides another person

whom he/she knows has poured any dangerous liquid or

chemical on somebody, has committed an offence. He/she will

go to prison for up to 25 years with no option of fine.

A person who intentionally gives another

person any substance in solid, powder or

21. Attack with Harmful Substance

22. Administering a Substance with

Intent

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(c) A Government Official who helps, supports or advices another

person to injure or wound somebody because of politics / elections

has committed an offence. He/she will go to prison for up to 2 years

or pay a fine of up to N500,000:00 or both.

(d) A Government Official who welcomes, protects, hides another

person whom he/she knows has injured or wounded somebody,

has committed an offence. He/she will go to prison for up to 1 year

or pay a fine of up to N300,000.00 or both.

(e) The Government is responsible for offence committed by its

staff and the Court shall make the Government pay enough money

to the injured person.

liquid form that will make that person weak so as to be able to

engage in sexual activity with them, has committed a crime. He/she

will go to prison for up to 10 years or pay a fine of up to N500,000:00

or both.

(a) A person who injures or wounds

another person because of politics /

elections has committed an offence.

He/she will go to prison for up to 4

years or pay a f ine up to

N500,000.00 or both.

(b) A person who tries to injure or

wound another person because of

politics / elections has committed an offence. He/she will go to

prison for up to 2 years or pay a fine of up to N200,00.:00 or both.

(c) A person who helps, supports or advices another person to

injure or wound somebody because of politics / elections has

committed an offence. He/she will go to prison for up to 2 years or

pay a fine of up to N300,000:00 or both.

(d) A person who welcomes, protects, hides another person whom

he/she knows has injured or wounded somebody, has committed

an offence. He/she will go to prison for up to 2 years or pay a fine of

up to N200,000.00 or both.

(a) A Government Official who injures or wounds another person

because of politics / elections has committed an offence. He/she

will go to prison for up to 4 years or pay a fine of up to

N1,000,000.00 or both.

(b) A Government Official who tries to injure or wound another

person because of politics / elections has committed an offence.

He/she will go to prison for up to 3 years or pay a fine of up to

N700,000:00 or both.

23. Political Violence

24. Violence by State Actors

25. Incest

26. Indecent Exposure

A person who intentionally engages in any

sexual activity with anybody related to

him/her by blood or marriage has committed

an offence. He/she will go to prison for up to

10 years with no option of fine.

A person who intentionally

exposes his or her private part

to attract another person or

make the person to see or touch

it, has committed an offence

c a l l e d I N D E C E N T

EXPOSURE. He/she will go to

prison for not less than 1 year or

pay a fine of up to N500,000:00

or both.

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Jurisdiction of the Court

Regulatory Body

27. Any person who is under threat of any violence may apply to the High Court of the Federal Capital Territory Abuja for a protection order and also a right to make a criminal complaint against the offender.

28. An application for a protection order may, with the written consent of the complainant, be brought by any other person on behalf of the complainant including a police officer, protection officer, counselor, teacher and social welfare.

29. In the case of a child, the child or any other person acting on behalf of the child may apply to the court for a protection order without the assistance of a parent or guardian.

30. A police officer to whom a complaint of violence is reported, is expected to assist the person; arrange safe transport for him/her to a safe place or shelter; provide transportation for him/her to the nearest hospital for treatment; explaining to him/her his or her rights to protection; following him/her to the house to collect his or her personal belongings.

31. The police officer may also arrest the person causing the problem.

32. Any person who disobeys the protection order is guilty of an offence and will go to prison for up to 6months or pay a fine of up to N300, 000.00 or go to prison and also pay the fine.

The VAPP Act has provided that the National Agency for Prohibition of Trafficking in Persons and Other Related Matters (NAPTIP) is the body responsible for monitoring the punishment of offenders under the Act and that this should be done in partnership with other organizations.

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