Senate removes gender clause for rape, sexual offences

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The Senate on Tuesday removed the words woman or girl while passing a Bill for an Act to amend the Criminal Code Act 2004. It also expunged the gender specific term “him” and substituted same with “such person” in defining the punishment for the offence of kidnapping.

The passage of the bill followed consideration of the report of the Senate Committee on Judiciary, Human Rights and Legal Matters.

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If assented into law by President Muhammadu Buhari, the legislation will be broadening the definition of rape and sexual offences.

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Specifically, the amendment to Section 357 of the principal Act,  substitutes the words ‘woman or girl, without her consent, or with her consent’, with the words, ‘any person, without consent, or with consent.

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The upper chamber while retaining the provision of Section 364 of the principal Act, however expunged the gender specific term “him” and substituted same with “such person” in defining the punishment for the offence of kidnapping.

The bill also seeks to protect mentally challenged persons from sexual defilement and rape through an amendment to section 221 of the principal Act.

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Attempt by Senator Uche Ekwunife (PDP – Anambra Central) to effect an amendment to section 357 to define persons susceptible to rape to accommodate “married and unmarried persons” was rejected by lawmakers during the clause-by-clause consideration of the bill.

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Earlier, Chairman of the Committee, Senator Opeyemi Bamidele (APC – Ekiti Central), in his lead debate on the bill, said the piece of legislation “will address the lingering issues of status of limitation in the prosecution of rape/defilement cases and the incessant kidnapping menace, which are on the rise, in recent times.”

The lawmaker stated that contrary to views by those opposing the passage of the bill by the National Assembly, on ground that its passage will usurp the powers of the states to legislate on the subject matter, the bill seeks to amend the Criminal Code Act of 1916 and not Criminal Code of the States.

Also, President of the Senate, Ahmad Lawan, has said that the National Assembly will engage security agencies in the country with a view to up-scaling operations in hot-spot areas to avert the killings of residents of Kaduna South senatorial district.

Lawan gave the assurance in his remarks following a point of order raised by Senator Danjuma La’ah (PDP – Kaduna South) during Tuesday’s plenary.

Senator La’ah while coming under order 43 of the Senate Standing Rules lamented the incessant killing of his people in Kaduna South by suspected armed bandits.

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“I wish to bring a request before this Senate, that there are incessant killings in Kaduna South, which I’m seeking the help of the Senate to send military men and police to help us overcome the situation in southern Kaduna.

“It has become a very serious matter that many people are being killed. The situation is very embarrassing and I’m pleading with the National Assembly to request the Federal Government to send the Police and armed men to protect the lives of my people and their property.

“It is unbecoming, as this situation has been on for many years and it has got to this point even though I’ve been complaining.

“The situation as at the other time was calmed down, but it has started again, and I pray the National Assembly will help to provide military men to help the situation,” the lawmaker said.

The Senate President, Ahmad Lawan, in his response, expressed the willingness of the National Assembly to engage security agencies with a view to up-scaling operations around areas prone to attacks in Kaduna South.

“I will suggest that we talk to the security agencies to upscale their activities around those hot spots in Kaduna, and this is something that we owe the Nigerian people,” Lawan said.

Meanwhile, the Senate President on Tuesday referred President Muhammadu Buhari’s request for the confirmation of Mr. John U. Usanga (Akwa Ibom); and Air Commodore Peter Ndabake Gana (Rtd.) (Niger) as Non-Career Ambassadors to the Committee on Foreign Affairs for screening.

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Also referred was the nomination of Prof. Umar Danbatta for appointment as Executive Vice Chairman of the Board of the Nigerian Communications Commission (NCC) to the Senate Committee on Communications.

The confirmation request of Barr. Ben Umeano (Anambra – South East); Hon. Ehiozuwa Johnson Agbonayinma (Edo – South South); and Olayinka Babatunde Balogun (Ogun – South West) as Members of the Code of Conduct Bureau (CCB) was also referred to the Committee on Ethics, Privileges and Public Petitions.  The Committees are all expected to turn in their reports in two weeks.

 

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