NGOs Demand Special Courts To Try Rape Cases
Non-governmental organisations in Nigeria have called for the setting up of special courts to try rape cases and othe Sexual and Gender-Based Violence matters in the country.
The NGOs under the auspices of Sexual and Gender-Based Violence SGBV Justice Network Cluster made the call at the end of a two-day training of cluster members and stakeholders on Policy Review and Analysis, towards Consolidating Advocacy for Effective Justice Delivery for Survivors of SGBV in Nigeria, held in Abuja between 21st and 22nd of June, 2023.
They called for timely, speedy, and effective implementation of the Administration of Criminal Justice (ACJ) and Violence Against Persons Prohibition (VAPP) Laws in Bauchi, Benue, Enugu, Kaduna and Osun States.
The SJN Cluster calls on all stakeholders, government agencies, federal and state legislators, CSOs, Media, and the private sector to support the implementation of the ACJA and VAPP Law in all 36 states of the Federation, especially in Bauchi, Benue, Enugu, Kaduna, and Osun States.
The Cluster which is anchored by Lawyers Alert is made up of Ikra Foundation for Women and Youth Development (IFYWD), Nigeria Association of Women Journalists (NAWOJ), League of Women Voters, Nigeria (NILOWV), Community Advancement Initiative for Self Reliance (CAI4SR), Agbani Farms Ltd as well as Legal Awareness for Nigerian Women (LANW).
The Cluster which noted the prevalence of Sexual and Gender-Based Violence (SGBV) cases in Nigeria is working to curb incidents of SGBV as well as strengthen the implementation of VAPP and ACJ laws towards ensuring speedy justice delivery for survivors of SGBV in the project states.
The Cluster listed cultural/religious beliefs, ineffective implementation of laws/policies, and limited access to justice for survivors/victims as challenges that undermine interventions at eradicating SGBV.
It observed that Nigerian women aged 25-29 had experienced some form of physical violence since age 15, with the common acts of violence in Nigeria being sexual harassment, harmful traditional practices, and emotional, physical, psychological, and socio-economic violence.
The President of Lawyers Alert, Mr. Rommy Mom said the SJN Cluster is pushing for full implementation of the VAPP and ACJ Laws, with a view to seeing the laws being very effective in the five project states of Bauchi, Benue, Enugu, Kaduna, and Osun.
Mr. Mom, who was represented by the Director of Programmes, Ms. Jerome, Uneje, emphasized the need to have adequately funded Sexual Assault Referral Centers (SARCs) as well as the need for the judiciary to designate some courts for the hearing of SGBV cases, in addition to setting aside some days for the courts to hear SGBV cases.
This way, Mom said there would be accelerated hearing for such cases and speedy justice delivery for survivors of sexual and gender-based violence.
He encouraged the stakeholders drawn from Civil Society Organisations, legal practitioners, the Judiciary, Legal Aid Council of Nigeria, the Ministry of Justice, and the media to go back and advocate for a review of the VAPP and the ACJ Laws in states where there are gaps.
"Unfortunately, justice is slow or never for survivors and victims of SGBV. The court, especially the criminal justice system within the states, is slow and expensive. Women and people with low incomes, who cannot afford high legal fees, are most affected.
"Even though laws have been passed at the federal level to hasten criminal trials, in practice, few states have adopted these laws, and even when they do, activation and implementation by state agencies are inadequate," Mom noted.
He added, "The Administration of the Criminal Justice Act, ACJA, 2015 prescribes 6 months to commence and end criminal trials, of which SGBV is one. In practice, however, a case of SGBV, when reported to authorities, takes an average of 5 to 10 years for decisions. The perpetrator often goes free owing to lack of interest or witnesses due to the duration of the case and delayed justice, which serves as motivation to other perpetrators."
The Cluster noted that Courts appear to lack the support to implement the prescribed six-month period to commence and end criminal trials of which SGBV is one, as stated by the ACJA (Administration of Criminal Justice Act), for expeditiously handling criminal cases. At the same time, lawyers frequently stall trials by making indiscriminate applications for adjournments, thereby contributing to delays in the judicial process.
Meanwhile, the Sexual and Gender-Based Violence (SGBV) Justice Network (SJN) Cluster is currently implementing the Consolidating Advocacy for Effective Justice Delivery for Survivors of SGBV in Nigeria project, funded by USAID-Palladium.
The goal of the project is to facilitate and consolidate the activation/implementation of the Violence Against Persons Prohibition Law (VAPPL) and the Administration of Criminal Justice Law (ACJL) in Bauchi, Benue, Enugu, Kaduna, and Osun States.
Specifically, the project aims to achieve speedy justice service delivery and resolution of Sexual and Gender-Based Violence (SGBV) cases, which falls within Component 5 of SCALE, which focuses on Sexual and Gender-Based Violence (SGBV), as well as Child, Early and Forced Marriage (CEFM) Sector Strengthening and Advocacy.
The Cluster calls for effective implementation of the VAPP Laws in Bauchi, Benue, Enugu, Kaduna, and Osun states through the activation and funding of one-stop Sexual Assault Referral Centers across target states as well as the designation of specific state agencies (courts) with the mandate of implementation of the VAPP as contained in Section 44 VAPP Act Section 44 VAPP Act).
Implementation of the ACJA in Bauchi, Benue, Enugu, Kaduna, Osun and FCT through the designation of Special Courts for the handling of SGBV cases, as well as the activation of monitoring framework for the implementation as envisaged under Sections 469 to 476 of the ACJA.