Falana supports Soyinka’s objections on Sexual Offences Bill

Human rights defender, Femi Falana (SAN), has joined Professor Wole Soyinka in faulting the Sexual Offences Bill, 2015 passed on the last day of the just ended Seventh Senate of the Federal Republic of Nigeria which criminalized the defilement of a child under the age of 11 years.

Falana in a letter to Professor Soyinka concurred with him that “the provision is inconsistent with Section 29(4)(A) of the Nigerian 1999 Constitution which provides that “full age” means the age of 18years and above.”

While faulting the 11 years provision, Falana raised the alarm that the provision was not in the original Bill passed and sent by the Senate’s plenary to its Committee on Judiciary and Legal Matters, adding that it was smuggled into by the committee without the knowledge of the Senate.

In the letter Falana said, “We thank you for drawing the nation’s attention to the odious provision of the Sexual Offences Bill, 2015 passed by the Senate which has criminalized the defilement of children under 11 years.”

“Since it was among the 46 Bills hurriedly passed by the Senate of the 7th National Assembly during its valedictory session the members did not pay any attention to its provisions.”

“The minimum age of 18 years in the original Bill was in line with the provisions of the Child’s Rights Act, 2003 and the Child’s Rights Convention of the United Nations which has been ratified by Nigeria.” “The Bill was referred to the Senate Committee on Judiciary and Legal Matters for further legislative work.

It was that Committee that illegally removed the age of 18 years and replaced it with 11 years.” The senior lawyer carpeted the Upper House for not doing a tidy job by ensuring that the allegedly offensive provision was expunged and replaced with the initial figure it earlier approved before giving its final endorsement at its valedictory session.

“Having passed the Bill the Senate cannot plead non est factum in the circumstance. It has to bear full responsibility for the legislative negligence.

But since the obnoxious provision was illegally inserted by the Committee on Judiciary and Legal Matters without approval, the Senate ought 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 however noted that it is heart-warming that the Bill is yet to be passed by the House of Representatives, just as he warned that the Bill must not be passed into law without effecting the change, threatening that his Chambers would go to court to void the Bill if it is passed into law with the alleged error.

His words, “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 which 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.”

Senator Chris Anyanwu who sponsored the Sexual Offences Bill had justified the urgent need to pass it to save Nigerian 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.

It also provided for compulsory documentation, supervision of sexual offenders and medical treatment for rape victims while it strengthened the weak protection offered victims and witnesses in trials for sexual offences.