Chairman, Senate Committee on Navy, Senator Chris
Anyanwu Senators Chris Anyanwu and Solomon Ita-Enang on Monday disagreed over
the power of the National Assembly to legislate on the sexual offences bill
that would be binding on all the 36 states of the federation.
Both senators expressed divergent views over the
development during the public hearing conducted by the Senate Committee on
Judiciary, Human Rights and Legal Matters.
The disagreement arose when Anyanwu, the sponsor of
the bill, and Ita-Enang, a member of the committee, argued over the critical
issues bordering on Concurrent and Exclusive Legislative lists between the
federal and state governments.
For
instance, Ita-Enang raised some critical legal issues – he noted that such
critical questions as to whether laws made by the National Assembly on such
issues as sexual offences, already contained in the laws of the states, could
be enforced in the state.
He argued that the National Assembly could not make
laws on rape for the states, pointing out that “any law from the National Assembly is only enforceable in the federal
capital territory FCT.”
He insisted that the various provisions proposed in
the bill were “a re-production of
existing laws on rape across the various states of the federation.”
He said, “The
best the National Assembly can do is to amend the laws, and these are the
issues for determination before the public hearing.”
The lawmaker, therefore, suggested that “if existing laws are weak, what is required
is to strengthen them.”
However, Anyanwu countered Ita-Enang’s position,
stressing that the bill had nothing to do with the numerous legal books being
cited by Enang. She insisted that the incidents of rape had become common place
in Nigeria without any of the existing laws catching up with the perpetrators.
She argued that “there are items in the bill that are not contained
in some of the existing laws.”
Anyanwu pointed out that the bill, if passed, could
be adopted by the states - she said, “The
problem of rape in Nigeria, as it is today, has gone beyond jurisdictional
argument by lawyers. It is a problem for the whole society to solve by whatever
way possible. “We are looking to see a harmonised law that can be copied by the
states. We are not looking to encroach into the jurisdiction of states.”
The Minister of Women Affairs and Social Development,
Hajiya Maina, said the ministry was not looking at encroaching into the
jurisdiction of states but looking at the laws that can be adopted in the
states. She said, “Whatever we do that
applies to Federal capital Territotry, states can copy or adopt it to help
fight the scourge of rape.”
Maina kicked against option of fine provided in the
bill for sexual offences with a child, child trafficking and child sex tourism,
saying such a proposal is not strong enough to serve as deterrent to offenders.
She said, “In
order to curtail the upsurge in the scourge of rape of persons, especially
women and girls, it is important that the penalties attached to these
(offences) be punitive and prohibitive for natural and jurisdiction persons
respectively. “Consequently, we consider the sum ranging from N500, 000, N1m
and N3m penalties, for jurisdiction person to be a slap on the wrist.” “The
right thing is for the offenders to go to jail straight upon conviction,
without any option of fine, and stay there for a very long period of time. That
would make a way for the collapse of their businesses.”
The attorney generals of Kwara, Lagos and Kaduna
states respectively, assured the committee that the bill, if passed, would be
domesticated by their states. Meanwhile, the Nigeria Police Force was not
represented at the public hearing.
Source:
Punch
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