The Imo State VAPP Bill (Draft)

A LAW TO ELIMINATE VIOLENCE IN PRIVATE AND PUBLIC LIFE, PROHIBIT ALL
FORMS OF VIOLENCE INCLUDING PHYSICAL, SEXUAL, PSYCHOLOGICAL,
DOMESTIC, HARMFUL TRADITIONAL PRACTICES; DISCRIMINATION AGAINST
PERSONS AND TO PROVIDE MAXIMUM PROTECTION AND EFFECTIVE REMEDIES

FOR VICTIMS AND PUNISHMENT OF OFFENDERS.

Commencement
COMMENCEMENT SECTION: Enacted by the House of Assembly of Imo
State.
BE IT ENACTED by the House of Assembly of Imo State as follows:
Everyone has the right to freedom and security of the person, which includes the
right to be free from all forms of violence in private or public spheres, in peace
and conflict situations.
PART 1 OFFENCES
Definition of rape
1) A person commits the offence of rape if
(a) he/she intentionally penetrates the vagina, anus or mouth of another person
with any other part of his/her body or anything else.
(b) the other person does not consent to the penetration; or
(c) the consent is obtained by force or means of threat or intimidation of any
kind or by fear of harm or by means of dales and fraudulent representation as to
the nature of the act or the use of any substance or addictive capable of taking
away the will of such person or in the case of a married person by
impersonating his/her spouse/partner.
Punishment for rape
(2) A person convicted of an office under this section is liable to imprisonment
for life. However, where the victim is less than 14 years of age, the offender
shall be liable to a minimum of 14 years imprisonment and in all other cases to
a minimum of 12 years imprisonment without an option of fine.
(3) Where the act described under this section is committed by a group of
persons, the offence shall known as gang rape and on conviction the persons
shall be liable jointly and severally to a minimum of 20 years imprisonment
without an option of fine.

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(4) The court shall also aware appropriate compensation to the victim as it may
deem fit in the circumstance.
Inflicting physical injury on a person
2. (1)(i) Any person who willfully causes or inflicts physical injury on another
person by means of any weapon, substance or object commits an offence and is
liable on conviction to imprisonment not exceeding five years or a fine not
exceeding N100,000.00 or to both such fine and imprisonment;
Aiding the infliction of physical injury on another
(ii) Any person who attempts to commit the offence provide for in subsection (i)
of this section is guilty of an offence and is liable on conviction to
imprisonment for a term not exceeding three years or to a fine not exceeding
N20,000.00 or to both such fine and imprisonment.
(iii) Any person who incites, aids, abets, or counsels another person to commit
the offence provided for in subsection (i) of this section is guilty of an offence,
and is liable on conviction to imprisonment for a term not exceeding three years
or to a fine not exceeding N20,000.00 or to both such fine and imprisonment.
Accessory after the fact to inflicting physical injury on another
(iv) Any person who receives or assists another who to his knowledge is guilty
of the offence and liable on conviction to imprisonment for a term not
exceeding three years or to a fine not exceeding N20,000.00 or to both such fine
and imprisonment.
(2) The court shall also award appropriate compensation to the victim as it may
deem fit in the circumstance.
Coercion
3. Any person who coerces another to engage in any act to the detriment of that
other person’s physical or psychological wellbeing commits an offence and
upon conviction is liable to three years imprisonment.
Willfully placing a person in fear of physical injury
4. (1) Any person who willfully or knowingly places a person in fear of physical
injury commits an offence and is liable on conviction to imprisonment for a
term not exceeding two years or to a fine not exceeding N20,000.00 or to both
such fine and imprisonment.
(2) Any person who attempts to commit the offence as provide for in subsection
(i) of this section is guilty of an offence and is liable to imprisonment for a term

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not exceeding gone year or to a fine not exceeding N10,000.00 or to both such
fine and imprisonment.
(3)A person who aids, abets, or counsels another person to commit the offence
provided for in sub-section (1) of this section is guilty of an offence and is liable
on conviction to imprisonment for a term not exceeding one year or to fine not
exceeding N20,000.00 or to both such fine and imprisonment.
(4) Any person who receives or assists another who has committed the offence
provided for in subsection (1) of this section is an accessory after the fact and is
liable on conviction to imprisonment for a term exceeding one year or to fine
not exceeding N20,000.00 or to both such fine and imprisonment.
Offensive conduct
5.(1) Any person who compels another by force or threat to engage in any
conduct or act sexual or otherwise, to he detriment of the victim’s physical or
psychological wellbeing commits an offence and is liable on conviction to
imprisonment for a term not exceeding two years or to fine not exceeding
N50,000.00 or to both such fine and imprisonment.
(2) Any person who attempts to commit the offence provided for in subsection
(1) of this section is guilty of an offence and is liable on conviction to
imprisonment for a term not exceeding one year or to fine not exceeding
N20,000.00 or to both such fine and imprisonment.
Aiding threat to engage in detrimental conduct
(3) Any person who incites, aids, abets, or counsels another person to commit
the offence as provided for in subsection (1) of this section is guilty of the
offence and is liable on conviction to imprisonment for a term not exceeding
one year or to fine not exceeding N30,000.00 or to both such fine and
imprisonment.
(4)Any person who receives or assists another who to his/her knowledge
committed the offence provided for in sub section (1) of this section is an
accessory after the fact and is therefore liable to imprisonment for a term not
exceeding three years or to fine not exceeding N50,000.00 or to both such fine
and imprisonment.

Prohibition of female circumcision or genital mutilation

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6. (1) The circumcision or genital mutilation of the girl child or woman is
hereby prohibited.
(2) Any person who performs female circumcision or genital mutilation or
engages another to carry out such circumcision or mutilation commits an
offence and is liable on conviction to imprisonment for a term not exceeding
four years or to fine not exceeding N200,000.00 or to both such fine and
imprisonment.
Attempted female circumcision
(3) Any person who attempts to commit the offence provided for in subsection
(2) of this section is guilty of an offence and is liable on conviction to
imprisonment for a term not exceeding two years or to fine not exceeding
N100,000.00 or to both such fine and imprisonment.
Aiding female circumcision
(4) Any person who incites, aids, abets, or counsels another person to commit
the offence provided for in sub section (2) of this section is guilty of the offence
and is liable on conviction to imprisonment for a term not exceeding two years
or to fine not exceeding N100,000.00 or to both such fine and imprisonment.
Frustrating Investigation
7. Any person who, with intent to defraud or conceal an offence or frustrate the
investigation and prosecution of offenders under this act or under any other
enactments:
(a) Destroys, alters, mutilates, or falsify any book or documents, dress or
clothing which could serve as evidence or exhibits;
(b) omits, or is privy to omitting any material particular from any such
document, book, dress or clothing, is guilty of felony and liable on conviction to
imprisonment for a term not exceeding three year or to fine not exceeding
N50,000.00 or to both such fine and imprisonment.
Willfully making false statements
8. Any person who willfully makes false statement, whether oral or
documentary, in any judicial proceedings under this Act or with the aim of
initiating investigation or criminal proceedings under this Act against another
person is guilty of any offence under this Act and liable on conviction to a fine
of N20,000.00 or to both such fine and imprisonment.
Forceful ejection from home

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9.(1) Any marriage partner who forcefully evicts his/her partner from his/her
home or refuses him/her access commits an offence and is liable on conviction
to imprisonment for a term not exceeding one year or to fine not exceeding
N30,000.00 or to both such fine and imprisonment.
Attempted forceful ejection
(2) Any person who attempts to commit the offence provided for in subsection
(1) of this section is guilty of an offence and is liable on conviction to
imprisonment for a term not exceeding one year or to fine not exceeding one
year or to fine not exceeding N20,000.00 or to both such fine and imprisonment.
(3) Any person who incites, aids, abets, or counsels another person to commit
the offence as provided for in sub section (1) of this section is guilty of an
offence and is liable on conviction to imprisonment for a term not exceeding
one year or to fine not exceeding one year or to fine not exceeding N20,000.00
or to both such fine and imprisonment.
(4) Any person who receives or assists another who to his/her knowledge
committed the offence provided for in subsection (1) of this section is an
accessory after the fact and is therefore liable to imprisonment for a term not
exceeding one year or to fine not exceeding N20,000:00 or to both such fine and
imprisonment.
Depriving a person of his/her liberty
10. (1) Any person who deprives another of his/her liberty except pursuant to a
court order commits an offence and is liable on conviction to imprisonment for
a term not exceeding two years or to fine riot exceeding N50,000.00 or to both
such fine and imprisonment.
Attempted deprivation
(2) Any person who attempts to commit the offence provided for in subsection
(1) of this section is guilty of an offence and is liable on conviction to
imprisonment for a term not exceeding one year or to fine not exceeding one
year or to fine not exceeding N20,000.00 or to both such fine and imprisonment.
Aiding deprivation
(3) Any person who incites, aids, abets, or counsels another person to commit
the offence as provided for in subsection (1) of this section is guilty of an
offence and is liable on conviction to imprisonment for a term not exceeding
one year or to fine not exceeding one year or to fine not exceeding N30,000.00
or to both such fine and imprisonment.

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Accessory after the fact to deprivation
(4) any person who receives or assists another who is his/her knowledge
committed the offence provided for in subsection (1) of this section is an
accessory after the fact and is therefore to imprisonment for a term not
exceeding one year or to fine not exceeding one year or to fine not exceeding
N10,000.00 or to both such fine and imprisonment.
Damage to property with intent to cause distress
11(1) any person who cases mischief or destruction or damage to property of
another with intent to cause or knowing that it is likely to cause distress or
annoyance to the victim commits an offence and is liable on conviction to
imprisonment for a term not exceeding one year or to fine not exceeding one
year or to fine not exceeding N30,000.00 or to both such fine and imprisonment.
Attempted destruction of property
(2) any person who incites, aids, abets, or counsels another person to commit
the offence as provided for in sub section (1) of this section is guilty of an
offence and is liable on conviction to imprisonment for a term not exceeding
one year or to fine not exceeding N20,000.00 or to both such fine and
imprisonment.
Aiding destruction of property
(3) any person who incites, aids, abets, or counsels another person to commit
the offence ad provide for in sub section (1) of this section is guilty of an
offence and is liable on conviction to imprisonment for a term not exceeding
one year or to fine not exceeding N20,000.00 or to both such fine and
imprisonment.
Accessory after the fact to willfully damage property of another
(4) any person who receives or assists another who to his/her knowledge
committed the offence provided for in sub section (1) of this section is an
necessary after he fact and is therefore liable on conviction to imprisonment for
a term not exceeding one year or to fine not exceeding N20,000.00 or to both
such fine and imprisonment.
Forced financial dependence or economic abuse
12(1) any person who causes force financial dependence or economic abuse of
another commits an offence and is liable on conviction to imprisonment for a
term not exceeding two years or to fine not exceeding N50,000.00 or to both
such fine and imprisonment.

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Attempted forced financial dependence
(2) any person who attempts to commit the offence provided for in sub section
(1) of this section is guilty of an offence and is liable on conviction to
imprisonment for a term not exceeding one year or to fine not exceeding
N20,000.00 or to both such fine and imprisonment.
Aiding forced financial dependence
(3) any person who incites, aids, abets, or counsels another person to commit
the offence as provided for in sub section (1) of this section is guilty of an
offence and is liable on conviction to imprisonment for a term not exceeding
one year or to fine not exceeding N20,000.00 or to both such fine and
imprisonment.
Accessory after the fact to forced financial dependence
(4) any person who receives or assists another who to his/her knowledge
committed the offence provided for in sub section (1) of this section above is an
accessory after the fact and is therefore liable on conviction to imprisonment for
a term not exceeding six months or to fine not exceeding N10,000.00 or to both
such fine and imprisonment.
Forced isolation or separation from family and friends
13 (1) any person who forcefully isolates or separates another from family and
friends commits an offence and liable on conviction to imprisonment for a term
not exceeding six months or to fine not exceeding N10,000.00 or to both such
fine and imprisonment.
Attempted forced isolation or separation
(2) any person who attempts to commit the act of violence provide for in sub-
section (1) of this section is guilty of an offence and is liable on conviction to
imprisonment for a term not exceeding three months or to fine not exceeding
N10,000.00 or to both such fine and imprisonment.
Aiding forced isolation or separation
(3) any person who incites, aids, abets, or counsels another person to commit
the offence as provided for in sub section (1) of this section is guilty of an
offence and is liable on conviction to imprisonment for a term not exceeding
three months or to fine not exceeding N10,000.00 or to both such fine and
imprisonment.
Accessory after the fact to forced isolation or separation
(4) any person who receives or assists another who to his/her knowledge
committed the offence provide for in sub section (1) of this section is an

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accessory after the fact and is therefore liable on conviction to imprisonment for
a term not exceeding three months or to fine not exceeding N10,000.00 or to
both such fine and imprisonment.
Emotional, verbal and psychological abuse
14 (1) any person who causes emotional, verbal and psychological abuse on
another commits an offence is liable on conviction to imprisonment for a term
not exceeding one year or to fine not exceeding N20,000.00 or to both such fine
and imprisonment.
Attempted emotional/verbal/psychological abuse
(2) any person who attempts to commit the act of violence provided for in sub
section (1) of this section is guilty of an offence and is liable on conviction to
imprisonment for a term not exceeding six months or to fine not exceeding
N10,000.00 or to both such fine and imprisonment.
(3) any person who incites, aids, abets, or counsels another person to commit
the of violence as provided for in sub section (1) of this section is guilty of an
offence and is liable on conviction to imprisonment for a term not exceeding six
months or to fine not exceeding N10,000.00 or to both such fine and
imprisonment.
(4) any person who receives or assists another who to his/her knowledge
committed the offence provided for in sub section (1) of this section is an
accessory after the fact and is therefore liable on conviction to imprisonment for
a term not exceeding six months or to fine not exceeding N10,000.00 or to both
such fine and imprisonment.
Harmful widowhood practices
15. (1) any person who subjects a widow to harmful traditional practices
commits an offence and is liable on conviction to imprisonment for a term not
exceeding two years or to fine not exceeding N50,000.00 or to both such fine
and imprisonment.
Attempted harmful widowhood practice
(2) Any person who attempts to commit the act of violence provided for in sub
section (1) of this section is guilty of an offence and is liable on conviction to
imprisonment for a term not exceeding one year or to fine not exceeding
N20,000.00 or to both such fine and imprisonment.
Aiding harmful widowhood practices

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(3) any person who incites, aids, abets, or counsels another person to commit
the act of violence as provided for in sub section (1) of this section is guilty of
an offence and is liable on conviction to imprisonment for a term not exceeding
one year or to fine not exceeding N20,000.00 or to both such fine and
imprisonment.
(4) any person who receives or assists another who to his/her knowledge
committed the offence provided for in sub section (1) of this section is an
accessory after the fact and is therefore liable on conviction to imprisonment for
a term not exceeding six months or to fine not exceeding N10,000.00 or to both
such fine and imprisonment.
Abandonment of spouse, children and other dependent without sustenance
16. (1) any person who abandons a wife/husband, children or other dependent
without any means of sustenance commits an offence and is liable on conviction
to imprisonment for a term not exceeding three years or to fine not exceeding
N50,000.00 or to both such fine and imprisonment.
(2) Any person who attempts to commit the act of violence provided for in sub
section (1) of this section is guilty of an offence and is liable on conviction to
imprisonment for a term not exceeding two years or to fine not exceeding
N20,000.00 or to both such fine and imprisonment.
(3) Any person who incites, aids, abets, or counsels another person to commit
the act of violence as provided for in sub section (1) of this section is guilty of
an offence and is liable on conviction to imprisonment for a term not exceeding
two years or to fine not exceeding N20,000.00 or to both such fine and
imprisonment.
(4) Any person who receives or assists anther who to his/her knowledge
committed the offence provided for in sub section (1) of this section is an
accessory after the fact and is therefore liable on conviction to imprisonment for
a term not exceeding one year or to fine not exceeding N10,000.00 or to both
such fine and imprisonment.

Stalking
17 (1) any person who stalks another commits an offence and is liable on
conviction to imprisonment for a term not exceeding two years or to fine not
exceeding N50,000.00 or to both such fine and imprisonment.

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Attempted stalking
(1) Any person who attempts to commit the act of violence provide for in sub
section (1) of section is guilty of an offence and is liable on conviction to
imprisonment for a term not exceeding one year or to fine not exceeding
N20,000.00 or to both such fine and imprisonment.
Aiding stalking
(2) Any person who incites, aids, abets, or counsels another person to commit
the act of violence as provided for in sub section (1) of this section is guilty of
an offence and is liable on conviction to imprisonment for a term not exceeding
one year or to fine not exceeding N20,000.00 or to both such fine and
imprisonment.
Accessory after the fact to stalking
(4) Any person who receives or assists another who his/her knowledge
committed the offence provided for in sub section (1) of this section is an
accessory after the fact and is therefore liable on conviction to imprisonment for
a term not exceeding one year or to fine not exceeding N10,000.00 or to both
such fine and imprisonment.
Intimidation of a person
18. (1) any person who intimidates another commits an offence and is liable on
conviction to imprisonment for a term not exceeding one year or to fine not
exceeding N20,000.00 or to both such fine and imprisonment.
(2) any person who attempts to commit the act of violence provided for in sub
section (1) of this section is guilty of an offence and is liable on conviction to
imprisonment for a term not exceeding six months or to fine not exceeding
N10,000.00 or to both such fine and imprisonment.
(3) any person who incites, aids, abets, or counsels another person to commit
the act of violence as provided for in sub section (1) of this section is guilty of
an offence and is liable on conviction to imprisonment for a term not exceeding
six months or to fine not exceeding N10,000.00 or to both such fine and
imprisonment.
(4) any person who receives or assists another who to his/her knowledge
committed the offence provided for in sub section (1) of this section is an
accessory after the fact and is therefore liable on conviction to imprisonment for

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a term not exceeding six months or to fine not exceeding N10,000.00 or to both
such fine and imprisonment.
Spouse/partner battery
19.(1) any person who batters his/her spouse commits an offence and is liable
on conviction to imprisonment for a term not exceeding three years or to fine
not exceeding N100,000.00 or to both such fine and imprisonment.
Attempted spousal/partner battery
(2) Any person who attempts to commit the act of violence provided for in sub
section (1) of this section is guilty of an offence and is liable on conviction to
imprisonment for a term not exceeding one year or to fine not exceeding
N20,000.00 or to both such fine and imprisonment.
Aiding spousal/partner battery
(4) Any person who receives or assists another who to his/her knowledge
committed the offence provided for in sub section (1) of this section is an
accessory after the fact and is therefore liable on conviction to imprisonment for
a term not exceeding one year or to fine not exceeding N20,000.00 or to both
such fine and imprisonment.
Harmful traditional practices
20. (1) Any person who carries out harmful traditional practices on another
commits an offence and is liable on conviction to imprisonment for a term not
exceeding four months or to fine not exceeding N100,000.00 or to both such
fine and imprisonment.
Attempted harmful traditional practices
(2) Any person who attempts to commit the act of violence provided for in sub
section (1) of this section is guilty of an offence and is liable on conviction to
imprisonment for a term not exceeding two years or to fine not exceeding
N50,000.00 or to both such fine and imprisonment.
Aiding harmful traditional practices
(3) Any person who incites, aids, abets, or counsels another person to commit
the act of violence as provided for in sub section (1) of this section of an offence
and is liable on conviction to imprisonment for a term not exceeding two years
or to fine not exceeding N50,000.00 or to both such fine and imprisonment.
Accessory after the fact to harmful traditional practices

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(4) Any person who receives or assists another who to his/her knowledge
committed the offence provided for in sub section (1) of this section is an
accessory after the fact and is therefore liable on conviction to imprisonment for
a term not exceeding two year or to fine not exceeding N50,000.00 or to both
such fine and imprisonment.
Aiding Substance attack
(3) any person who incites aids, abets, or counsels another person to commit the
act of violence as provided for in sub section (1) of this section is guilty of an
offence and is liable on conviction to imprisonment for a term not exceeding
twenty-five years without the option of fine.
Accessory after the fact to substance attack
(4) any person who receives or assists another who to his/her knowledge
committed the offence provided for in sub section (1) of this section is an
accessory after the fact and is therefore liable on conviction to imprisonment for
a term not exceeding twenty-five years without the option of fine.
Administering a substance with intent
22. (1) any person commits an offence if he intentionally administers a
substance to, or causes a substance to be administered to or taken by another
person with the intention of stupefying or overpowering that person so as to
enable any person to engage in a sexual activity with that person.
(2) a person guilty of an offence under this section is, in addition to any other
offence under this Act liable on conviction to imprisonment for a term not
exceeding Ten years or to fine not exceeding N50,000.00 or to both such fine
and imprisonment.
Political violence
23. (1) any person who commits political violence as defined in the provisions
of this Act relating to political violence commits an offence and is liable on
conviction to imprisonment for a term not exceeding four years or to fine not
exceeding N100,000.00 or to both such fine and imprisonment.

Attempted political violence
(2) any person who attempts to commit the act of violence provided for in sub
section (1) of this section is guilty of an offence and is liable on conviction to

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imprisonment for a term not exceeding two years or to fine not exceeding
N50,000.00 or to both such fine and imprisonment.
Accessory after the fact to political violence
(4) any person who receives or assists another who to his/her knowledge
committed the offence provided for in sub section (1) of this section is an
accessory after the fact and is there liable on conviction to imprisonment for a
term not exceeding two years or to fine not exceeding N50,000.00 or to both
such fine and imprisonment.
Violence by state Actors
24 (1) any state actor who commits political violence commits an offence and is
liable on conviction to imprisonment for a term not exceeding four years or to
fine not exceeding N100,000.00 or to both such fine and imprisonment.
Attempted violence by state actors
(2) any person who attempts to commit that act of violence provided for in sub
section (1) of this section is guilty of an offence and is liable on conviction to
imprisonment for a term not exceeding two years or to fine not exceeding
N50,000.00 or to both such fine and imprisonment.
Aiding violence by state actors
(3) any person who incites, aids, abets, or counsels another person to commit
the act of violence as provided for in sub section (1) of this section is guilty of
an offence and is liable on conviction to imprisonment for a term not exceeding
two years or to fine not exceeding N50,000.00 or to both such fine and
imprisonment.
Accessory after the fact to violence by State Actors
(4) Any person who receives or assists another who to his/her knowledge
committed the offence provided for in sub section (1) of this section is an
accessory after the fact and is therefore liable on conviction to imprisonment for
a term not exceeding two years or to fine not exceeding N50,000.00 or to both
such fine and imprisonment.
(5) The state shall be liable for the offence committed by its agents and the court
shall award appropriate compensation commensurate with the extent and
amount of damages.
Incest
25. Any person who knowingly and willfully have carnal knowledge of another
within the prohibited Degrees of consanguinity and affinity contained in the

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second schedule to this Act with or without consent. Provided that the consent
was not obtained by fraud or threat; and where the two parties consent both
shall be guilty of this offence and shall be liable on conviction to a term not
exceeding five year without an option of fine.
Indecent exposure
26. (1) any person who intentionally exposes his or her genital organs, or a
substantial part thereof, with the intention of causing distress to the other party,
or that another person seeing it may be tempted or induced to commit an
offence under this Act, commits an offence termed indecent exposure.
(2) Any person who intentionally exposes his or her genital organs, or a
substantial part therefore, and induces another to either massage, or touch with
the intention of deriving sexual pleasure from such acts commits an offence
under this section.
(3) a person guilty of a offence under this section is liable to upon conviction to
imprisonment for a term of not less than one year or to a fine not exceeding
N50,000 or to both such fine and imprisonment.

PART 2 JURISDICTION OF THE COURT
Jurisdiction of the court
A. Only the High Court of a state or any other court of concurrent jurisdiction
so empowered by an Act of Parliament shall have the jurisdiction to hear and
grant any application brought under this Act.
B. PROTECTION ORDER
Protection order
An application for a protection order may be made before any competent court
following a complaint of violence by the complainant. A protection order
granted by any High Court or Magistrates court shall be effective throughout
Imo State and no time limit or prescription shall apply in relation to a person
seeking to apply for such protection order.
Application for protection order
27 (1) any complainant may in the prescribed manner apply to the court for a
protection order.

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(2) If the complainant is not represented by counsel, the police officer with
whom a complaint of violence has been lodged shall inform the complainant of
the remedies he or she may be entitled to under this Act including the right to
lodge to criminal complaint against the respondent if a criminal offence has
been committed under this Act.
(3) Notwithstanding the provisions of any other law, the application may be
brought on behalf of the complainant by any other person, including a police
officer a protection officer, an accredited service provider, a counselor, health
service provider, social worker or teacher who has interest in the wellbeing of
the complainant.
(4) Provided that the application must be brought with the written consent of the
complainant, except in circumstances where the complainant is-
(a) A minor,
(b) Mentally retarded;
(c) Unconscious; or
(d) A person who the court is satisfied is unable to provide the required consent.
(5) Notwithstanding the provision of any other law, any minor, or any person on
behalf of a minor, may apply to the court for a protection order without the
assistance of a parent, guardian or any other person. Supporting affidavit by
persons who have knowledge of the matter concerned may accompany the
application.
(6) The application and affidavits shall be field in court.
Consideration of application and issuing of interim protection order
28. (1) The court must as soon as is reasonably possible consider an application
submitted to it in terms of section 30(6) and may, for that purpose, consider
such additional evidence as it deems fit. Including oral evidence or evidence by
affidavit, which shall form part of the record of the proceeding.
(2)(a) If the court is satisfied that there is prima facie evidence that the
respondent is committing, has committed or that there is imminent likelihood
that he may commit an act of domestic violence the court shall notwithstanding
the fact that the respondent has been given notice of the proceedings
contemplated in subsection (1) of this section, issue interim protection order
against the respondent, in the prescribed manner.

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(b) An interim protection order must be served on the respondent in the
prescribed manner and must call upon the respondents to show cause on the
return date, specified in the order why a protection order.
(c) A copy of the application referred to in section 30(1) and the record of any
evidence taken in terms of subsection (1) of this section shall be served on the
respondent together with the interim protection order.
(d) If the court does not issue an interim protection order in terms of subsection
(2) of this section, the court shall direct the registrar of the cause certified copies
of the application concerned and any supporting affidavit to be served on the
respondent in the prescribed manner, together with a prescribed notice calling
on the respondent to show cause on the return date specified in the notice why a
protection order should not be issued.
3(a) An interim protection order must be served on the respondent in the
prescribed manner and must call upon the respondent to show cause on the
return date, specified in the order why a protection order should not be issued.
(b) A copy of the application referred to in section 30(1) and the record of any
evidence taken in terms of subsection (1) of this section shall be served on the
respondent together with the interim protection order.
4. If the court does not issue an interim protection order in terms of subsection
(2) of this section, the court shall direct the register of the court to cause
certified copies of the application concerned and any supporting affidavit to be
served on the respondent in the prescribed manner, specified in the notice why a
protection order should not be issued.
5. The return dates referred to in subsections (3)(a) and (4) of this section may
not be less than 5 days after service has been effected upon the respondent.
Issuing of protection order
29. (1) if the respondent does not appear on a return date contemplated in
section 32(3) or (4), and if the court is satisfied that:-
(a) Proper service has been effected on the respondent; and
(b) The application contains prima facie evidence that the respondent has
committed, is committing or that there is an imminent likelihood that he
may commit an act of domestic violence, the court shall issue a protection
in the prescribed form.

17

(2) If the respondent appears on the return date in order to oppose the issuing of
a protection order, the court shall proceed to hear the matter and-
(a) Consider any evidence previously received in terms of section 31(1); and
(b) Consider such further affidavits or oral evidence as it may direct, which
shall form part of the record of the proceedings.
3. The court may, on its own accord or on the request of the complainant, if it is
of the opinion that it is just or desirable to do so, order that in the examination
of witnesses, including the complainant, a respondent who is not represented by
a legal practitioner-
(a) Is not entitled to cross-examine directly a person who is in a domestic
relationship with the respondent; and
(b) Shall put any question to such a witness by stating the question to the
court, and the court is to repeat the question accurately to the witness.
4. The court shall after a hearing as contemplated in subsection (2) of this
section, issue a protection order in the prescribed form if it finds, on a balance
of probabilities, that he respondent has committed, is committing or that there is
an imminent likelihood that he may commit an act of domestic violence.
5. Upon the issuing of a protection order the registrar of the court shall
forthwith in the prescribed manner cause-
(a) The original of such order to be served on the respondent; and
(b) A certified copy of such order, and the original warrant of arrest
contemplated in section 34(a), to be served on the complainant.
6. The registrar of the court shall forthwith in the prescribed manner forward
certified copies of any protection order and of the warrant of arrest
contemplated in section 35(a) to the police station of the complainant’s choice.
7. Subject to the provisions of section 33(7), a protection order issued in terms
of this section remains in force until it is set aside, and the execution of such
order shall not be automatically suspended upon the filling of an appeal.
Court’s power in respect of protection order
30. (1) The court may, by means of a protection order referred to in section 31
or 32 prohibit the respondent from-
(a) Committing any act of domestic violence;
(b) Enlisting the help of another person to commit any such act;

18

(c) Entering a shared household: provided that the court may impose this
prohibition only if it appears to be in the best interests of the
complainant;
(d) Entering a specified part of such a shared household;
(e) Entering the complainant’s residence;
(f) Entering the complainant’s place of employment;
(g) Preventing the complainant from entering or remaining in the shared
household or a specified part of the shared household;
(h) Alienating or disposing the shared household or encumbering same;
(i) Renouncing his rights in the shared household except in favour of the
complainant; or
(j) Committing any other act as specified in the protection order
(2) The court may impose any additional conditions, which it deems reasonable
necessary to protect and provide for the safety, health or well being of the
complainant, including an order-
(a) To seize any arm or dangerous weapon in the possession or under the
control of the respondent;
(b) That a police officer must accompany the complainant to a specified
place to assist with arrangements regarding the collection of personal
property; or
(c) Directing the respondent to secure alternative accommodation for the
complainant or;
(d) Order a temporal relocation to any safe place as may be deem fit in the
interest of the complainant.
(e) Approve a mediation channel upon submission by the complainant
(3) In ordering a prohibition contemplated in subsection 1 (c) of this section, the
court may impose on the respondent obligations as to the discharge of rent or
mortgage payments having regard to the financial needs and resources of the
complainant and the respondent, and such order has the effect of a civil
judgment of a court .
(4) The court may order the respondent to pay emergency monetary relief
having regard to the financial needs and resources of the complainant and the
respondent, and such order has the effect of a civil judgment of a court.

19

(5) The court may issue any directions to ensure that the complainants physical
address is not disclosed in any manner, which may endanger the safety, health
or well being of the complainant.
(6) If the court is satisfied that is in the interest of any child it may-
(a) Refuse the respondent contact with such child; or
(b) order contact with such child on such conditions as it may consider
appropriate.
(7) The court may not refuse to issue a protection order; or to impose any
condition or make any order which it is competent to impose or make under this
section, merely on the grounds that other legal remedies are available to the
complainant.
(8) If the court is of the opinion that any provision of a protection order deals
with a matter that should, in the interests of justice, be dealt with further in
terms of any other relevant law, including the matrimonial causes Act, 1970,
Cap M7 Laws of the Federation, 2004, Child Right Act, 2003 the court must
order that such a provision shall be in force for such limited period as the court
determines, in order to afford the party concerned the opportunity to seek
appropriate relief in terms of such law.
Police powers
31 (1) a police officer at the scene of an incident of violence or as soon
thereafter as reasonably possible or to whom a report of violence has been made
shall have the duty of-
(a) Assisting a victim of violence to file a complaint regarding the violence;
(b) Providing or arranging safe transport for the victim to an alternative
residence, safe place or shelter where such is required;
(c) Providing or arranging transportation for the victim to the nearest hospital
or medical facility for treatment of injuries where such treatment is
needed;
(d) Explaining to the victim his/her rights to protection against violence and
remedies available in terms of this Act;
(e) Explaining to the victim that he/she has the right to lodge a criminal
complaint in addition to any remedy provided under this Act;
(f) Accompanying the victim’s residence to collect personal belongings.
(2) Any police officer may, without an order from the court or a warrant of
arrest, arrest.

20

(a) Any person whom he or she suspects upon reasonable grounds to have
committed any of the offence under part 1: and
(b) Any person against whom a complaint has been made for having
committed any of the offence under part 1.

(3) A police officer in carrying out his or her duties under this Act shall have the
power:
(a) To remove or supervise the removal of a person excluded from a shared
residence where the court has issued such an order under this Act;
(b) To remove or supervise the removal of any dangerous weapon used in
order to commit an act of violence as contemplated in this Act.
(c) To perform any other act considered necessary in order to ensure the
safety and well-being of the complainant.
Warrant of arrest upon issuing of protection order
32 (1) whenever a court issues a protection order, the court shall make an order-
(a) Authorizing the issue of a warrant for the arrest of the respondent, in the
prescribed form; and
(b) Suspending the execution of such warrant subject to compliance with any
prohibition, condition, obligation or order imposed in terms of section 33.
(2) The warrant referred to in subsection (1) (a) remains in force unless the
protection order is set aside, or it is cancelled after execution.
(3) The registrar of the court shall issue the complainant with a second or
further warrant of arrest, if the complainant files an affidavit in the prescribed
form in which it is stated that such warrant is required for her or his protection
and that the existing warrant of arrest has been-
(a) Executed and cancelled; or
(b) Lost or destroyed
(4) (a) A complainant may hand the warrant of arrest together with an affidavit
in the prescribed form, wherein it is stated that the respondent has contravened
any prohibition, condition, obligation or order contained in a protection order, to
any police officer.
(b) If it appears to the police concerned that, subject to subsection (5), there are
reasonable grounds to suspect that the complainant may suffer liniment harm as
a result of the alleged breach of the protection order by the respondent, the
police officer shall forthwith arrest he respondent for allegedly committing the
offence referred to in part 1.

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(c) If the police officer concerned is of the opinion that there are insufficient
grounds for arresting the respondent in terms of paragraph (b), he or shall
forthwith hand a written notice to the respondent which-
(i) Specifies the name, the residential address and the occupation or status of
the respondent;
(ii) Calls upon the respondent to appear before a court, and on the date and at
the specified in the notice, on a charge of committing the office referred to in
section 33 (1); and.
(iii) Contains a certificate signed by the police officer concerned to the effect
that he or she handed the original notice to the respondent and that he or she
explained the import therefore to the respondent.
(d) The police officer shall forthwith forward a duplicate original of a notice
referred to in paragraph(c) to the registrar of the court concerned, and the mere
production in the court of such a duplicate original shall be pima facie proof that
the original thereof was handed to the respondent specific therein.
5 In considering whether or not the complainant may suffer imminent harm, as
contemplated in subsection (4) (b), the police officer shall take into account-
(a) The risk to the safety, health or well being of the complainant;
(b) The seriousness of the conduct comprising an alleged breach occurred.
6 Whenever a warrant of arrest is handed to a police officer in terms of
subsection (4) (a), the police officer shall inform the complainant of his or her
right to simultaneously lay a criminal charge against the respondent, if
applicable, and explain to the complainant how to lay such a charge.
Seizure of arms and dangerous weapons
33 (1) The court shall order a member of the Nigeria police force to seize any
arm or dangerous weapon in the possession or under the control of a respondent
if the court is satisfied on the evidence placed before it, including any affidavits
supporting an application referred to in section 31 (2) above that-
a. The respondent has threatened or expressed the intention to kill or injure
himself or herself or any person in a domestic relationship whether or not by
means of such arm or dangerous weapon; or
b. Possession of such arm or dangerous weapon is not in the best interest of the
respondent or any other person in a domestic relationship as a result of the
respondent’s-
(i) State of mind or mental condition;

22

(ii) Inclination to violence; or
(iii) Use of or dependence on intoxicating liquor or drugs
(2) Any arm seized in terms of sub-section (1) above must be handed over to the
Nigeria Police Force as contemplated in the Police Act Cap 154 Laws of the
Federal Republic of Nigeria 1990 and Firearms Act Cap 69 Laws of the Federal
Republic of Nigeria 1990.
(3) Any dangerous weapon seized in compliance with sub-section (1) above-\
a. Must be given a distinctive identification mark and retained in police custody
for such period of time as the court shall determine; and
b. Shall only be returned to the respondent or; if the respondent is not the owner
of the firearm or dangerous weapon, to the owner by order of the court and on
such condition as the court shall determine:
provided that-
(2) The provisions of subsection (1) shall be without prejudice to any
punishment or sanction as to contempt of court or any other liability, whether
civil or criminal that may be incurred by the respondent concerned.
(3) Any person who in an affidavit referred to in this section, willfully makes a
false statement in a material respect shall be liable upon conviction to a fine of
not exceeding N20,000.00 or, at the discretion of the court, to imprisonment for
a term not exceeding 6 months.
Application and forms of protection order
37. The affidavit, application and forms of protection order referred to in this
part of the Act shall be accordance with the first schedule to this Act.
Right of victims
38. (1) in addition to the rights guaranteed under chapter IV of the constitution
of the Federal republic of Nigeria, 1999, or any other international human rights
instruments to which Nigeria is a party, every victim of violence as defined in
section 1 of this Act, is entitled to the following rights:-
Right to assistance
(1) (a) every victim is entitled to receive the necessary materials, medical,
psychological, social and legal assistance through governmental agencies and/or
non governmental agencies providing such assistance.
(b) Victims are entitled to be informed of the availability of legal, health and
social services and other relevant assistance and be readily afforded access to
them;

23

(c) Victims are entitled to rehabilitation and re-integration programme of the
state to enable victims to acquire, where applicable and necessary, pre-requisite
skills in any vocation of the victim’s choice and also in necessary formal
education or access to micro-credit facilities.
(ii) (a) Any rules and or regulations made by any institution or organization
prohibiting or restraining the reporting of offences or complaint with the
provisions of this Act, shall to he extent of the inconsistencies be null and void.
Right to protection against expulsion
(b) No complainant of any offence under this Act shall be expelled, disengaged,
suspended or punished in any form whatsoever by virtue of the action of
compliance with the provisions of this Act.
(c) Any head of institution who violates the provisions of this subsection is
guilty of an offence under this act and shall be liable on conviction to
imprisonment for six months or a fine of N20,000.00 or to both such fine and
imprisonment.
Health rights
(iii) Every woman shall have a right to health, which shall be understood to
mean the enjoyment of the highest level of physical, mental and social well-
being, in particular rural women shall have the right to have access to adequate
care facilities.
Attendance of proceedings
(iv) (1) (a) No person may be present during any proceedings in terms of this
Act except-
(1) Officers of the court, if the court is satisfied that it is in the interest of the
safety of any person concerned or in the public interest, the court shall
order that firearm or dangerous weapon be forfeited to the state.
Variation or setting aside of protection order
34. 1 A complainant or a respondent may, upon written notice to the other party
and the court concerned, apply for the variation or setting aside of a protection
order referred to in section 32 in the prescribed manner.
2 If the court is satisfied that good cause has been shown for the variation or
setting aside of the protection order, it may issue an order to this effect,
provided that the court shall not grant such an application to the complainant
unless it is satisfied that the application is made freely and voluntarily.

24

3. The registrar of the court shall forward a notice as prescribed to the
complainant and the respondent if the protection order is varied or set aside as
contemplated in subsection (1) of this section.
Discharge
35. (1) where a protection order has been made, any of the following persons
may apply to have it discharged:
(a) If the application for the order was made by a commissioner in respect of
any dependent person by-
(i) The commission,
(ii) The person who brought the application
(iii) The respondent to that application
(b) If the application for the order was made by a commissioner in any other
case by virtue of section 31-
(i) The commission,
(ii) The person who was the applicant for the order, or
(iii) The respondent to that application;
(c) In any other case-
(i) The person who was the applicant for te order, or
(ii) The person who as the respondent to the application for the order and the
court upon hearing any such application shall make such order, as it considers
appropriate in the circumstances.
Offences relating to protection orders
36. (1) a respondent who-
Contravened an interim protection order or a protection order, or while an
interim protection order is in force refuses to permit the applicant or any
dependent person to enter and remain in the place to which the order relates or
does any act for the purpose of preventing the applicant or such dependent
person from so entering or remaining shall be guilty of an offence and shall be
liable on summary conviction to a fine not exceeding N30,000.00 or to
imprisonment for a term not exceeding 6 months or both such fine and
imprisonment.
(a) keep a register or all accredited service providers and circulate same to all
police station, protection officers and the courts; and
(b) draw up guidelines for the operation of the accredited service providers.
(3) A service provider so registered under sub section (1) shall have the power to-

25

(a) record the violence incidence report in the prescribed form if the aggrieved
person so desires and forward a copy thereof to the magistrates and the
protection officer having jurisdiction in the area where the violence took place;
(b) Get the aggrieved person medically examined and forward a copy of the
medial report to the protection officer and the police station within the locality o
which the violence act took place.
(c) Ensure that the aggrieved person is provided shelter in a shelter home, if she
so requires and forward a report of the lodging of the aggrieved person in the
shelter home to the police station within the locality of which the violence act
took place.
(4) No suit, prosecution or other legal proceeding shall lie against any service
provider who is, or who is deemed to be acting or purporting to act under this
Act, for anything which is in good faith done or intended to be done in the
exercise of powers or discharge of functions under this Act towards the
prevention of the commission of violence.
Protection officers
40. (1) the appropriate government agency shall appoint such number of
protection officers in each Local government council as it may consider
necessary, to assist the court in the discharge of its duties under this Act to co-
ordinate the activities of the police and the accredited service providers in his
Local government Council to ensure that the victim/survivors of violence;
(a) Has easy access to accredited service providers;
(b) Has easy access to transportation to an alternative residence or a safe shelter,
the nearest hospital or medical facility for treatment, if the complainant so
requires;
(c) Is able to collect her belongings or properties from a shared household or her
residence, if the complainant so requires;
(d) is able to access the court for orders under this Act; or
(e) Has access to every possible assistance in the service of interim protection
order on the respondent, and the enforcement of any order that may have been
made by the court under this Act.
(2) The protection officer may, upon the failure of the respondent to make
payment ordered by the court under this Act, direct an employer or a debtor of
the respondent or any bank in which the respondent operates any account, to
directly pay to the complainant or deposit with court a portion of the wages or
salaries or debt due to or accrued to the credit of respondent or monies in any

26

bank account operated by the respondent, which amount may be adjusted
towards the emergency monetary relief payable by the respondent.
Coordinator for prevention of violence against person
(ii) The parties to the proceedings;
(iii) Any person bringing an application on behalf of the complainant in terms
of section 31(3);
(iv) Any legal practitioner representing any party to the proceedings;
(v) accredited service provider;
(vi) Witnesses;
(vii) Not more than three persons for the purpose of providing support to the
complainant;
(viii) Not more than three persons for the purpose of providing support to the
respondent; and
(ix) any other person whom the court permits to be present provided that the
court may, if it is satisfied that it is in the interests of justice, exclude any person
from attending any part of the proceedings.
(b) Nothing in this subsection limits any other power of the court to hear
proceedings in camera or to exclude any person from attending such
proceedings.
Prohibition of publication of certain information
(2) (a) No person shall publish in any manner any information which might,
directly or indirectly, reveal the identity of any party to the proceedings.
(b) The court, if it is satisfied that it is in the interests of justice, may direct that
any further information relating to proceedings held in terms of this Act shall
not be published provided that no direction in terms of this subsection applies in
respect of the publication of a bonafide law report which does not mention the
names or reveal the identities of the parties to the proceedings or of any witness
at such proceedings.
(3) Any person who contravenes the provisions of this subsection is guilty of an
offence and is liable upon conviction to imprisonment for a term not exceeding
one year or to fine not exceeding N20,000.00 or to both such fine and
imprisonment.

27
PART 3-SERVICE PROVIDERS
Registration and powers of service provides
39. (1) subject to such rules as may be made, any voluntary association
registered under the companies and Allied Matters Act 1990 by the Corporate
Affairs Commission or any other law for the time being in force with the
objective of protecting the rights and interests of victims of violence by any
lawful means including providing of legal aid, medical, financial or other
assistance shall register itself with the State Government as a service provider
for the purposes of this Act.
(2) The appropriate government agency shall-
41. The body vested with the regulation of this Act shall appoint a person as the
coordinator for the Prevention of Violence against Persons who shall submit
annual report to the State Government on the implementation of this Act a copy
of which would be deposited with the State Bureau for Statistics.
Dangerous Sexual Offenders
42. AA court may declare a person who has been convicted of a sexual offence
a dangerous sexual offender if such person has:-
(1) (a) more than one conviction for a sexual offence;
(b) Been convicted of a sexual offence which was accompanied;
(c) Been convicted of a sexual offence against a child.
PART 4 REGULATORY BODY
Regulatory /implementing body
43. (1) There is hereby established a body to be known as Agency on
Violence Against persons herein referred to as “the Agency ).
(2) The Agency shall be –
(a) a body corporate with perpetual succession and a common seal;
(b) capable of suing and being sued in its corporate name;
(c) capable of acquiring , holding or disposing of an property, movable or
immovable, for the purpose of carrying out its functions.

28

Functions of the Agency
44. (1) The Agency shall:-
(a) Monitor and supervise the implementation of the provisions of this
Act;
(b) Administer the operation of the Trust Fund;
41. The body vested with the regulation of this Act shall appoint a person as
the coordinator for the Prevention of Violence against Persons who shall submit
annual report to the State Government on the implementation of this Act a copy
of which would be deposited with the State Bureau for Statistics.
Dangerous sexual offenders
42. A court may declare a person who has been on convicted of a sexual
offence a dangerous sexual offender if such person has:
(1) (a) more than one conviction for a sexual offence;
(b) been convicted of a sexual offence which was accompanied;
(c) been convicted of a sexual offence against a child.

PART 4 REGULATORY BODY

Regulatory implementing body
43. (1) There is hereby established a body to be known as a Agency on
Violence Against Persons.
(2) The Agency shall be-
(a) A body corporate with perpetual succession and a common seal:
(b) Capable of suing and being sued in its corporate name;
(c) Capable of acquiring, holding or disposing of any property, movable or
Immovable, for the purpose of carrying out its functions.
Function of the Agency
44. (1) The Agency shall:-
(a) Monitor and supervise the implementation of the provisions of this Act

29

(b) Administer the operations of the Trust fund;
(c) provide and manage victims crisis centres;
(d) Register accredited service providers draw up guidelines for their
operations and supervise their activities;
(e) Perform such other functions as may be specified by any law or
enactment; and
(f) Create directories of service
(g) Recruit staff for the Agency;
(h) Undertake such other activities as are necessary or expedient for giving
full effect to the provision of this Act.
(2) The Agency shall also co-ordinate the activities of the police and the
accredited service providers to ensure that the victim:-
(a) Has easy access to accredited service provides;
(b) Has easy access to transportation to an alternative residence or a safe
shelter , the nearest hospital or medical facility for treatment if the victim
so requires;
(c) Is able to collect his/her belongings or properties from a shared
household or his/her residence, if the victim so requires;
(d) Is able to access the court for order under this Act; or
(e) Has access to every possible assistance in the service of interim
protection order on the respondent, and the enforcement of any order that
have been made by the court under this Act.
(3) The Agency may, upon the failure of the respondent to make payment
ordered by the court under this Act, direct an employer or a debtor of the
respondent or any bank in which the respondent operates any account, to
directly pay to the victim or deposit with court a portion of the wages or
salaries or debt due or to accrued to the credit of respondent or monies in any
bank account operated by the respondent, which amount may be adjusted
towards the emergency monetary relief payable by the respondent.

30

(4) The Agency, to facilitate performance of its function may appoint such
number of its officers in each Local Government Council as it may consider
necessary, to assist the court in the discharge of its duties under this Act.
Composition of the Agency
45. (1) The Agency shall consist of the following members:
(a) A Chairperson (or chair) who shall be appointed by the Governor and being
a person who by reason of his her ability, experience, specialized knowledge
or professional attainment or outstanding contributions is determined fit for the
position:

(b) The representative of :-
(i) The Commissioner of Police, not below the rank of an Superintendent
of Police;
(ii) The Ministry of justices;
(iii) The Ministry of Health; and
(iv )The Nigeria Prisons service;
(c) Two representative of the Ministry of Women Affairs;
(d) An officer of the National Human Rights Commission;
(e) An officer of Legal Aid Council;
(f) 4 persons from the Legislative Advocacy Coalition on Voiunce against
Women;
(g) Two representative from religious organization
(h) The Director –General, a woman, who shall be the administrative head of
the Agency.
(2) The representative of the ministries shall be public servants not below the
cadres of Grade Level 14 officers;
(3) A person appointed as a member of the Agency shall hold office for a term
of four years only and shall not be eligible for re-appointment.
(4) A member of the Agency shall cease to hold office if the person:
(i) he or she becomes of unsound mind or is incapable of carrying out his
or her duties;

31
(ii) He or she become bankrupt;
(iii) He or she is convicted of a felony or any offence involving
dishonesty; or
(iv) He or she is guilty of serious misconduct relating to his or her duties.
(5) Members of the Agency appointed under this section shall paid such
remuneration and allowance as the Governor, on the recommendation of the
Revenue Mobilization Allocation and Fiscal Commission may direct.
(6) Subject to Section 27 of the Interpretation Act, the Agency may make
standing orders regulating its proceedings.
Quorum
46. The quorum of the Agency shall be one-third of the members; and the
validity of its proceeding shall not be affected by any defect in the appointment
of any member or by reason that a person not entitled to do so took part in the
proceedings.

Management of the Agency
47. (1) The Agency shall be empowered to:-
(a) disburse funds;
(b) appoint external auditors;
(c) oversee its own administration;
(d) engage in fund raising for the purpose of carrying out its functions.

Establishment of Trust Fund
48. (1) There is hereby established for the Agency Trust Found for victim of
Violence Against person.
(2) The Trust Fund shall be set up primarily for the purpose of providing aid for
the victim of Violence Against Persons through:-
(a) rehabilitation of victim, individually or as a group;
(b) Rehabilitation the victim into the society;
(c) Provision of shelter;

32

(d) Provision of legal aid;
(e) Programmes on violence against persons;
(f) Provision of guidance and counseling ;
(g) Payment of medical expenses for victim; and
(g) Support of organization which give dive direct assistance to victim of
violence against persons.

Interim regulatory body
49. (1) Pending the setting up of the Agency, the mandate of Ministry of Justice
is hereby expanded to administer and manage the provision of the
interim.
(2) The Ministry of women affairs administer this act in the interim in
collaboration with relevant stokehold, including faith based
organizations.

PART 5 CONSEQUENTIAL AMENDMENTS
General saving and repeal
50. (1) Any offence committed or proceeding instituted before the
commencement of this Act under the provisions of the
(a) Criminal Code
(b) Criminal procedure code
(c) Any other law in regulation relating to any act of violence defined by this
Act shall as the case may require be enforced or continue to be enforced by the
provisions of this Act.
(2) The Provisions of the Criminal Code and Criminal Procedure Code as it
relates to offences provided for in this Act are hereby repealed.

33
PART 6 INTERPRETATION
Interpretation
51. In this Act –
“Abandonment of women, children and other persons” means deliberately
leaving women, children and other person under the perpetrator’s care destitute
and without any means of subsistence;
“Accredited service provider” means governmental, non –governmental, faith
based, voluntary and charitable associations or institutions providing shelter,
homes, counseling, legal, financial, appropriate government ministry under the
provisions of this Act;
“Arm” means any arm or any armament as defined in section 1 (1) of the
Firearms Act Cap 69 Laws of the Federal Republic of Nigeria 19960.
“Circumcision of a girl or women” means cutting off all or part of the external
sex organs of a girl or woman other than on medical ground.
“Civil proceeding” means
i. proceedings for the making, variation or discharge of a protection
order safety order or interim protection order
ii. proceeding by way of appeal or case stated which are related to
proceedings to which paragraph (i) applies;
iii. proceeding under this Act for compensation or award;
“Court” means both the Magistrates Court and High Court
“Damage to property” means the willful destruction or causing of mischief to
any property belonging to a person or in, which a person has, a vested interest;
“Dangerous weapon” means any instrument and /or machine directed toward a
person with the intention of inflicting bodily harm on such person and includes,
but is not limited to, gun, knife, stick, whip or other household appliance
capable of inflicting bodily harm on a person.
“Domestic relationship” means a relationship between any person and a
perpetrator of violence constituted in any of the following ways:
(i) They are or were married to each other, including marriage according to
any law, custom or religion;
(ii) They live or have lived together in a relationship in the nature of marriage,
although they are not or were not married to each other;

34

(iii) They are the parents of a child or children or are the person who have or
had parental responsibility for that child or children;
(iv) They are family members related by consanguinity, affinity or adoption;
(v) They are or were in an engagement dating or customary relationship;
including actual or perceived romantic, intimate or sexual relationship of
any duration; or
(vi) They share or recently shared the same residence.
“Domestic Violence” means any act perpetrated on any person in a domestic
relationship where such act causes harm or may cause imminent harm to the
safety, health or well-being of any person and this includes the following acts.
“Economic abuse” means forced financial dependence; denial of inheritance or
succession rights, the unreasonable deprivation of economic or financial
resources to which any person is entitled or which any person require out of
necessity, including household necessities, mortgage bond repayments or
payment of rent in respect of a shared residence; the unreasonable disposal or
destruction of household effects or other property in which any person has an
interest.
“Emergency monetary relief” means compensation for monetary losses suffered
by any person arising from an act of violence and does not in any way constitute
a maintenance order, including-
(a) Loss of earnings; earning;
(b) Medical and dental expenses;
(c) Relocation and accommodation expenses;
(d) Household necessities; or
(e) Legal fees related to obtaining and serving the protection order.
“Emotional, verbal and psychological abuse” means a pattern of degrading or
humiliating conduct toward any person, including repeated insults, ridicule, or
name calling; repeated threats to cause emotional pain; or the repeated
exhibition of obsessive possessiveness, which is of such a nature as to
constitute a serious invasion of such person’s privacy , liberty, or integrity or
security; “Force isolation from family and friend” include but is not limited to
preventing a person from leaving the home or from having contact with family,
friends or the outside community;
“Harassment” means engaging in a pattern of conduct that induces fear of harm
or impairs the dignity of a person including stalking repeatedly making
telephone calls or inducing another person to make telephone calls to a person,
whether or not conversation ensues; repeatedly sending, delivering or causing

35

delivery of information such as letters, telegrams, packages, facsimiles,
electronic mail, text messages or other objects to any person;
“Harmful traditional practices” means all traditional behavior, attitudes and /or
practices, which negatively affect the fundamental rights of women, girls, or
any person and includes harmful widowhood practice, of inheritance or
succession rights, female genital mutilation or female circumcision, forced
marriage and forced isolation from family and friends;
“Perpetrator” means any person who has committed or allegedly committed an
act violence as defined above;
“Incest” means an indecent act or an act which causes penetration with a person
who is to his/her knowledge his/her daughter /son. Granddaughter /son,
sister/brother, mother/father, niece/nephew, anut/uncle, grandmother/granduncle
“Indecent exposure” means the intentional exposure of the genital organs, or a
substantial part thereof. With the intention of causing distress to other party;
“Intimidation” means the uttering or conveying of a threat or causing any
person to receive a threat, which induces fear, anxiety or discomfort;
“Physical abuse” means acts or threatened acts of physical aggression towards
any person such as slapping, hitting, kicking and beating;
“Political violence” means any act or attempted act of violence perpetrated in
the course of political activities, such as elections, and includes any of the
following act: thuggery, mugging, use of force to disrupt meetings, or the use of
dangerous weapons that may cause bodily harm or injury;
“Protection officer” means an officer appointed under section 41 of this act in
relation to and for the purpose of this Act;
“Sexual abuse” means any conduct, which violates, humiliates or degrades the
sexual integrity of any person;
“Sexual assault” means the intentional and unlawful touching striking or
causing of bodily harm to an individual in a sexual manner without his her
consent;
“Sexual exploitation” occurs where a perpetrator, for financial or other reward,
favour or compensation invites, persuades, engages or induces the services of a
victim, or offers or performs such services to any other person;

36

“Sexual harassment’ means unwanted conduct of a sexual nature or other
conduct based on sex or gender which is persistent or serious and demeans,
humiliated or creates a hostile or intimidating environment. This may include
physical, verbal conduct.
“Sexual intimidation means
(a) any action or circumstances which amount to demand for sexual intercourse
with either a male or a female under any guise, as a condition for passing
examination, securing employment, business patronage, obtaining any favour
in any form whatsoever, as may be defined in this Act or any other enactments;
(b) the actual demand for sexual intercourse with either a male or female under
any guise, as a condition for passing examination, securing employment,
business patronage and or obtaining any favour in any form whatsoever, as may
be defined in this Act or any other enactments;
(c) acts of deprivation, withholding, replacing and or short-changing of
entitlements privileges, rights, benefits, examination or test marks/scores, and
any other form of disposition capable of coercing any person to sexual
intercourse for purpose of receiving reprieve thereto;
(d) any other action or inaction construed as sexual intimidation/harassment
under any other enactments in force n Nigeria .
“Spousal/Partner battery” means the intentional and unlawful use of force or
violence upon a person, including the unlawful touching, beating or striking of
another person against his/her will with the intention of causing bodily harm to
that person.
“Stalking” means repeatedly watching, or loitering outside of or near the
building or place where such person resides, works, carries on business, studies
or be; or repeatedly following, pursuing or accosting any person in a manner
which induces fear or anxiety;
“Substance attack” means the exposure of any person to any form of chemical,
biological or any other harmful liquid with the intention to cause grievous
bodily harm, which includes but is not limited to acid attack, hot water, hot oil;
“Trafficking” means the supply, recruitment, procurement, capture, removal,
transportation, transfer, harbouring , sale, disposal or receiving of a person,
within or across the borders of the Federal Republic of Nigeria, for use in
sexual acts, including sexual exploitation or pornography of any person;

37

“Victim” means any person or person, who, individually or collectively, have
suffered harm, including physical or mental injury, emotional sulfuring,
economic loss or substantial impairment of their fundamental rights through
acts or omissions that are in violation of this Act and/or the criminal laws of the
country. Victim also includes the immediate family or dependants of the direct
victim and any other person who has suffered harm in intervening to assist
victims in distress;
“Violence” in this Act unless the context otherwise requires violence means any
act or attempted act, which causes or may person physical, sexual,
psychological, verbal, emotional or economic harm whether this occurs in
private or public life, in peace time and in conflict situation.
“Violence in the private sphere” means any act or attempted act perpetrated by
a member of the family, relative, neighbor or member of a community, which
causes or may cause any person physical, sexual, psychological, verbal
emotional or economic harm.
“Violence” in the public sphere” means any act or attempted act perpetrated by
the State or non-State actors before, during and after elections, in conflict or war
situation, which threatens peace, security and well being of any person or the
nation as a whole;
“Violence perpetrated by non-state actors” includes:
(i) wrongful arrest and detention;
(ii) Assault;
(iii) Use of force without lawful authority;
(iv) Unlawful entry into the premises;
(v) Demolition of property without due processes.
“Vulnerable groups” means women, children, persons living under extreme
poverty, person with disability, the sick and the elderly, ethnic and religious
minority groups, refugees, internally displaced persons, migrants and persons in
detention;

Short title
52. This Bill may be cited as Violence Against Persons (Prohibition) Bill,
2011.

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SCHEDULE
AFFIDAVIT, APPLICATION AND FORMS OF PROTECTIONS
FORM 1
General form of application order
In the _______________________________________________ Court
In the ______________________________________________Division/
District
Suit No _____________________________________________
Between
A.B_____________________________________________ Complainant
And
C.D __________________________________________Respondent
APPLICATION FOR PROTECTION ORDER BY THE VICTIM
The Complainant applies that he/she be protected by the Honourable Court by
the issuance of a protection order against the Respondent.
Dated this__________________________ day of
_________________________
Complainant /Complainant’s Counsel

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SCHEDULE
AFFIDAVIT, APPLICATION AND FORMS OF PROTECTION ORDER

Form 1
General form of application for protection order
In the _______________________________________________ Court
In the ______________________________________________Division/
District
Suit No _____________________________________________
Between
A.B_____________________________________________ Complainant
And
C.D __________________________________________Respondent
APPLICATION FOR PROTECTION ORDER BY THE VICTIM
The Complainant applies that he/she be protected by the Honourable Court by
the issuance of a protection order against the Respondent.
Dated this__________________________ day of
_________________________
Complainant /Complainant’s Counsel

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FORM 3
AFFIDAVIT, IN SUPPORT OF APPLICATION FOR PROTECTION
ORDER
General form of application for protection order
In the _______________________________________________ Court
In the ______________________________________________Division/
District
Suit No _____________________________________________
Between
A.B_____________________________________________ Complainant
And
C.D __________________________________________Respondent
EF____________________________________________ Respondent
I, AB_______________________________ of
_____________________hereby make oath and state as follows:
1. That I am the Complainant /Guardian of the Complainant A Police Officer/
Protection Officer/ An Accredited Service Provider/ A counselor / A Health
Service Provider/Social Worker/ Teacher etc.
________________________
DEPONENT
Sworn to at ________________________________court Registry
This ______________________ day of ________________________
BEFORE ME
COMMISSIONER FOR OATHS

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FORM 4
CONSENT TO APPLICATION FOR PROTECTION ORDER IN
RELATION TO A PERSON NOT BEING A MINOR, MENTALLY
RETARDED PERSON, UNCONSCIOUS OR A PERSON WHO THE
COURT IS SATISFIED IN UNABLE TO PROVIDE CONSENT
In the _______________________________________________ Court
In the ______________________________________________Division/
District
Suit No _____________________________________________
Between
A.B_____________________________________________ Complainant
And
C.D __________________________________________Respondent
EF____________________________________________ Guardian
CONSENT TO APPLICATION FOR PROTECTION ORDER
I, AB of ______________ Complainant in the case hereby consent to the
application by EF, for the issuance of a Protection Order on my behalf
Dated this _________________ day of _________________________
_________________________________________ complainant

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FORM 5
GENERAL FORM OF INTERIM PROTECTION ORDER
In the _______________________________________________ Court
In the ______________________________________________Division/
District
Suit No _____________________________________________
Between
A.B_____________________________________________ Complainant
And
C.D __________________________________________Respondent
EF______________________________________ Guardian /Police Officer etc
To: CD _________________________________________ Respondent
INTERIM PROTECTION ORDER
WHEREAS the Complainant /Guardian etc has applied that the Complainant
be protected by this Honourable Court against you;
AND WHEREAS there is prima facie evidence that you have committed an
act or acts of domestic violence against the Complainant, or that there is
imminent likelihood of your committing such violence against the Complainant;
You are hereby commanded to show cause on the _________ day of ________
the return date, why a protection order should not be issued against you.
THIS ORDER shall serve as a protection order for the Complainant until the
return date. Given under my hand this _______________day of ___________
______________________
Judge /Magistrate

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FORM 6
GENERAL FORM OF PROTECTION ORDER
In the _______________________________________________ Court
In the ______________________________________________Division/
District
Suit No _____________________________________________
Between
A.B_____________________________________________ Complainant
And
C.D __________________________________________Respondent
EF______________________________________ Guardian /Police Officer etc
To: CD – Respondent
PROTECTION ORDER
WHEREAS the Complainant /Guardian etc has applied that the Complainant be
protected by this Honourable Court against you;
AND WHEREAS there is prima facie evidence that you have committed an act
or acts of domestic violence against the Complainant, or that there is imminent
likelihood of your committing such violence against the Complainant;
You are hereby prohibited from:
(Insert whichever is appreciate)
(a) Committing any act of domestic violence;
(b) Enlisting the help of another person to commit any such act
(c) Entering a shared household: Provided that the court may impose this
prohibition only if it appears to be the best interests of the complainant;
(d) Entering a specified part of such a shared household;
(e) Entering the complainant’s residence;

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(f) Entering the complainant’s place employment;
(g) Preventing the complainant from entering or remaining in the shared
household or a specified part of shared household;
(h) Alienating or disposing the shared household or encumbering same;
(i) Renouncing his rights in the shared household ex…… in favour of the
complaint;
(j) Committing any other act as specified in the protection order, and /or
(k) As the court deems fit
Given under my hand this ___________________day of __________________

______________________
Judge /Magistrate

Chief Sponsor : Rt. Hon. Uju Onwudiwe
Co- Sponsor: Rt. Hon. Ngozi S.M Obiefule
Hon. Chigozie Nwaneri
Hon. Kanayo Onyemachi
Rt. Hon Arthur Egwim
Johnson Duru Iheonukara
Rt. Hon. Prince Obinna Okwara

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