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2015 Sexual Offences Bill, and the Child Right Act

“guilty of an offence called defilement. (2) A person who commits an offence of defilement with a child aged eleven years or less shall upon conviction be sentenced to imprisonment for life (3)A person who commits an offence of defilement with a child between the age of twelve and fifteen years is liable upon conviction to imprisonment for life (4)A person who commits an offence of defilement with a child between the age of sixteen and eighteen years old is liable upon conviction to imprisonment for life – Section 7 (1-4) of the Sexual offences Bill (SOB) 2013
“(2) A person who commits the offence of defilement shall upon conviction be sentenced to imprisonment for life”. Clause 6(2) Sexual Offences Bill 2015
“(1) No person, shall have sexual intercourse with a child. (2) A person who contravenes the provision of Subsection (1) of this section commits an offence of rape and is liable on conviction to imprisonment for life” – Section 31(1-2) of the Child’s Rights Act (CRA) 2013

Since the passage of the Sexual Offences Bill 2015 a few weeks ago, there has been great agitation from several quarters about the true import of the Bill. To many of the pundits and agitators, the Bill is anathema because of its anticipated provision criminalising sexual activity with a child aged eleven or less. In their opinion, such a provision officially sanctions eleven years as the approved age for sexual activity by children in Nigeria.

Unfortunately, this view seems not to be well founded in the light of the remaining provisions of the Bill and also the provisions of the Child Rights Act, which has been domesticated by majority of the states in Nigeria. It is important to state that going by the initial draft of the bill reproduced above, the senators never had any intention to reduce the age of consent for sexual activity to 11 years.

From the provisions of the original 2013 draft Bill, sexual activity with a child can be classified into three categories…

The Bill creates the offence of defilement as an act which causes penetration with a child and defines penetration to mean partial or complete insertion of the genital organs of a person into the genital organs of another person (Section 50 SOB 2013, Clause 45 of intended SOB 2015). It equally defines genital organ to include the whole part of a male or female genital organs, and includes the anus and breasts for the purposes of the Act (Section 50, Clause 45 of intended SOB 2015).

A child is defined as having the meaning assigned to the term in the Infant Relief Act (Section 50, Clause 45 of intended SOB 2015). The Infant Relief Act 1874 by inference provides that an infant is a person under the age of 21 years.

From the provisions of the original 2013 draft Bill, sexual activity with a child can be classified into three categories, viz; sexual activity with a child aged eleven or less (Section 7(2)); sexual activity with a child aged twelve to fifteen years (Section 7(3)); and sexual activity with a child between the ages of sixteen and eighteen years (Section 7(4).

It is no doubt the manner in which section 7 was drafted that created confusion in the minds of impatient and maybe overtly critical readers. One of the questions that would agitate the minds of a thoughtful reader of that section is the rationale for breaking down defilement of a child into three categories, if the same punishment attaches to the three categories. Why not just state categorically that defilement of a child attracts life imprisonment and then go ahead to define who a child is. But, as could be expected, the final provisions contained in clause 6 of the 2015 Bill corrects this inelegant draftsmanship and simply provides that “A person who commits an offence of defilement shall upon conviction be sentenced to imprisonment for life” (Clause 6(2) 2015 Bill).

It is also important to note that the Bill does not make any provision for cases where both persons involved in the sexual activity are children or are close to each other in age, the situation commonly referred to as Romeo and Juliet clauses in the American jurisdiction.

Other provisions of the Bill directed towards safeguarding the child include: criminalisation of attempted defilement (Section 8 SOB 2013, Clause 7 of intended SOB 2015), criminalisation of indecent acts with a child (Section 10 SOB 2013, Clause 9 of intended SOB 2015), criminalisation of the promotion of sexual offences with a child (Section 11 SOB 2013, Clause 10 of intended SOB 2015), criminalisation of child trafficking for sexual purposes (Section 12 SOB 2013, not included in the 2015 Bill), criminalisation of child sex tourism (Section 13 SOB 2013, Clause 11 of intended SOB 2015), criminalisation of child prostitution (Section 14 SOB 2013, Clause 12 of intended SOB 2015), criminalisation of child pornography (Section 15 SOB 2013, Clause 13 of intended SOB 2015 (but note that the definition contained in Clause 13 is of pornography, though the headnote reads child pornography), and criminalisation of incest and attempted incest by male (Section 19 SOB 2013, Clause 17(1&2) of intended SOB 2015) and female persons (Section 20 SOB 2013, Clause 18 of intended SOB 2015) with children.

The Bill also, unlike the Child’s Rights Act, provides for a defence to the charge of defilement. Thus it is a defence to show that the child deceived the accused into believing that she was above the age of 18 years at the time the offence was committed and that the accused reasonably believed the child to be above the age of 18 years (Section 7(5) SOB 2013, Clause 6(3) of intended SOB 2015). The defence will however not avail an accused if he/she is within the prohibited degrees of blood affinity (Section 7(7) SOB 2013, Clause 6(5) of intended SOB 2015).

Thus examining the Bill holistically, it seems that its provisions relating to children are well intentioned and are directed towards protecting the child from exploitation. The controversial section 7 as originally drafted does not purport to change the age of consent for sexual activity to eleven years, as has been touted in various quarters.

Under the Child’s Rights Act, it is immaterial that the offender believed the person to be of or above the age of 18 years or that the sexual intercourse was with the consent of the child (section 31(3) CRA 2003).

Another compelling provision for the interest of children’s right is the possibility of declaring a child witness as a vulnerable witness (Section 31(1)(b) SOB 2013, Clause 29(1)(b) of intended SOB 2015), and the protections that will follow such declaration (Section 31(4) SOB 2013, Clause 29(4) of intended SOB 2015). There is also a provision that designates a person who is convicted of a sexual offence against a child as a dangerous sex offender (Section 39(1)(c) SOB 2013, Clause 37(1)(c) of intended SOB 2015), who is subject to supervision and whose particulars and samples may be contained in the Dangerous Sex Offenders database (Section 36(3 and 4) SOB 2013, Clause 34(3 and 4) of intended SOB 2015).

It is also important to note that the Bill does not make any provisions for the cases where both persons involved in the sexual activity are both children or are close to each other in age, the situation commonly referred to as Romeo and Juliet clauses in the American jurisdiction. As such, a child who commits the offence of defilement on another child is also liable to life imprisonment, a situation that is contrary to international and national prescriptions on juvenile justice.

Thus examining the Bill holistically, it seems that its provisions relating to children are well intentioned and are directed towards protecting the child from exploitation. The controversial section 7 as originally drafted does not purport to change the age of consent for sexual activity to eleven years as has been touted in various quarters.

However, adopting the meaning given to an infant in the Infant Relief Act 1874 of 21 years seems to run counter to the intendment of the Bill. For example, it is a defence to the charge of defilement that the child deceived the accused into believing that he or she was over the age of 18 years at the time of the alleged offence and the accused person reasonably believed that the child was over the age of 18 years. (Section 7(5) SOB 2013, Clause 6(3) of intended SOB 2015). Also in relation to incest with a child, the stipulated age is 18 years (Clause 17(1) of intended SOB 2015). Thus it seems contradictory to adopt the meaning of infant as one below 21 years.

Even though the furore about section 7 of the Bill revolves around the contention that the section reduces the age of consent to 11 years, and even though this is not so, one of the salient issues about the Bill and every other such statutory rape law is the need to determine a practicable and realistic age for consent.

Despite these few drafting inelegancies one must duly acknowledge the good intentions of the sponsor of the bill to protect children by criminalising what is referred to as statutory rape in other jurisdiction. Even though the Child’s Rights Act had blazed the trail in creating this offence of statutory rape, the distinguished senator must have sought for a more binding law on the subject matter, as the Child’s Rights Act, because of its unfortunate defect in passage, can only be regarded as an Act applicable to the Federal Capital Territory.

Statutory rape is a term used to describe sexual relations involving someone who is under an age specified by statute and who cannot legally consent to having sex. The Child’s Rights Act calls it rape while the Sexual Offences Bill calls it defilement. Some other countries simply refer to it as sexual intercourse with a minor.

Statutory rape laws are based on the need to protect young people who are deemed incapable of giving informed consent to sex because of their lack of maturity and judgment. They are passed to protect the child who is considered innocent and trusting from pedophiles.

Statutory rape laws define the age of consent and any sexual activity with a child below the age of consent are criminalised. There is no general age considered as the age of consent, but each state decides for itself what the suitable age is. For example, in the United States, about 30 states fix 16 years as the age of consent, about eight states have 17 years as the age of consent and 12 states have 18 as the age of consent. Japan has 13 years, Austria, Italy and Portugal have 14 and Denmark, France and Sweden fix theirs at 15 years.

One then wonders whether setting the age of consent at 18 or 21 reflects the common consciousness and experiences of the people… It may be necessary to conduct relevant studies in order to determine the right age of consent applicable to the Nigerian situation.

Even though the furore about section 7 of the Bill revolves around the contention that the section reduces the age of consent to 11 years, and even though this is not so, one of the salient issues about the Bill and every other such statutory rape laws is the need to determine a practicable and realistic age for consent. The Bill as it currently stands prescribes 18 years as the age of consent and at the same time makes 21 years also applicable as the age of consent by adopting the definition of a child contained in the Infants Relief Act 1874.

However, whether it is 18 years or 21 years, it is important to ask the relevant question, whether such an age is practical and enforceable in the light of realities in Nigeria. It is common knowledge, which is also corroborated by specific studies, that most secondary school students in Nigeria who are under the age of 16 years are actually sexually active and the age of initiation of sexual activity in Nigeria is relatively low.

One then wonders, whether setting the age of consent at 18 or 21 reflects the common consciousness and experiences of the people or is an attempt to create an imaginary utopic world through the aegis of the law. It may be necessary to conduct relevant studies in order to determine the right age of consent applicable to the Nigerian situation.

In the final analysis, the Bill is not the monster people have made it out to be, especially as it relates to protection of children. There might be other provisions of the Bill that raise the perennial jurisprudential question of how far law should be used to enforce morality and the limit to which the state can limit personal liberty through the law, but that is a debate for another forum.

If assented to, the Act will supersede the provisions of the Child’s Rights Act on statutory rape (Schedule, Transitional Provisions, 1(2) of intended SOB 2015) and will impliedly repeal the inconsistent provision of the Child’s Rights Act on the defence available to a person accused of defilement. Ultimately, its provisions on child protection are a welcome attempt to provide protection for children from defilement and early sexual exploitation and manipulation.

Nonso Robert Attoh is a law lecturer in the Faculty of Law, University of Nigeria, Nsukka

Unemployed Graduates In Nigeria Writes Letter To Jonathan

Our dear president, we write this letter to you with great passion, and in a state of curiosity and concern.

We understand your zeal as the President of the Federal Republic of Nigeria to invest in the next generation of the country’s youths by presenting a budget that contains reasonable projects that are aimed at tackling the far-reaching malady of UNEMPLOYMENT in our beloved country, Nigeria.
But, it is so unfortunate that the unemployed graduates of Nigerian institutions of higher learning have no representatives at the ongoing National Conference. Having read the modalities of the National Conference and the components involved, we are convinced without prejudice or doubt, that our children would blame us if we fail to inform you, Mr. President, of the mockery of the committee as a result of misplaced priorities.
Mr. President Sir, the only common element which costs less, and can solve the myriad of problems faced by most Nigerians is EMPLOYMENT.
Unemployment is a big challenge in Nigeria, which over the years has represented a lost opportunity for national economic development. With the National Bureau of Statistics (NBS) putting the current rate of unemployed Nigerians at 23.9 per cent, up from 21.1 per cent in 2010 and 19.7 per cent in 2009, the rising unemployment rate in Nigeria has in no small measure contributed to the continuous rise in social vices like terrorism, political thuggery, violence and even teenage pregnancies among youths in many parts of the country.
In view of these, the Association of Nigerian Graduates against Unemployment, an association of well cultured youths and intellectuals, was formed. We represent the frustrated  and angry youths in the society, forced to act after going through the 492 political selections for the National Conference and noticing the deafening silence concerning unemployment and the unemployed.
We are happy you know, according to statements credited to you, that Nigerians are already talking about their national challenges through the print, electronic and social media and this is how we intend to make our voices heard.
The political selections will only give the same answers and report only what they feel you would be comfortable hearing. The truth, Mr. President, is far from comfortable. What affects us is UNEMPLOYMENT, and we want you to take a critical look at the following issues:
1. Contract Staffing – This is in fact one of the biggest problems hindering graduates from getting jobs. Most of those assumed to be workers in most industries, firms and companies are in fact, not permanent staff. They are all under-employed and are also competing with fresh graduates for any available vacancy.
2. Age limit as a prerequisite for employment opportunities.
3. The issue of years of experience by several government ministries and parastatals.
4. Employment not being on merit.
5. Provision of social welfare for all unemployed graduates and more for the physically challenged graduates. (Return to the quota for each firm to employ, as a percentage of their total workforce, a specific percentage of physically challenged graduates)
Mr. President, from the various statistics we have from the National Bureau of Statistics, and other sources, the number of unemployed citizens ranges from 30 to 45 million, and that is about the population of five major cities in Nigeria. An average of 4.5 million graduates enter into the job market annually with no access to soft loans or any type of enabling environment coupled with epileptic power supply, even after the privatization of PHCN.

The “YouWin” programme is more like and very similar to the visa lottery game, where only lucky winners are empowered and only the families of public office holders and those in government get the little available jobs. We are citizens and should also be given access to enjoy social facilities like those in government e.g. NHIS scheme. We are products of our society and we want to be treated equally like those in government.
We passed through various challenges and delays in school such as ASUU strikes, late school enrolment due to poverty and/or ignorance, bureaucratic arrangement in government, unfortunate policies and administrative problems.
Mr. President, we live in a country where people now sell jobs. Everyone had hitherto been quiet about this completely unacceptable and despicable act and it must be looked into. We are human capital, and this is by far, the greatest asset any country can have. We are worth more than the oil in the South-South or the pepper from the North. We cannot afford to sit down and watch ourselves waste away anymore.
Our dear president, we commend you for what has been done so far in addressing the issue of unemployment such as NDE, YouWin and others, but we are asking that you help us to help this nation and youth restiveness caused by unemployment by empowering us.
We are tired of running out of our fatherland to foreign countries and yet treated and addressed as third class citizens through Visa bonding and the rest, when our country is blessed.
The stakes are high now and we are using this opportunity to address the polity that this association is not a political movement or a violent sect. We are a pressure group crying out in splinters but with one voice for our needs in our country ,Nigeria. We denounce and disassociate ourselves from the methodologies of some home based terror groups/sects in the Northern part of Nigeria that have adopted violence and are unleashing carnage on the society in fighting their cause.   However, it should not be forgotten that the problems of these Home Terror groups in the North started when their needs were not met, and with lots of anomalies in their society. Now it’s spiraling and all nations are called to join in securing the region. All we are saying is listen to our cries now and not when things go bad. We are accessible and open for discussions on how to forge ahead in addressing the problems of unemployment with your support.
Mr. President Sir, ignoring the points raised here can have unpleasant consequences. We implore you to urgently address these points to halt the steadily growing number of angry and frustrated unemployed graduates who may be tempted to channel their knowledge and energy into negativities. God bless you, sir, as we await your speedy response and God bless Nigeria

By Ehis Abuya (National Coordinator, Association of Unemployed Graduates).

CRUSADE AGAINST EXAMINATION MALPRACTICE INITIATIVE (CAEMI)

SAY NO TO EXAMINATION MALPRACTICE:

The responsibility of turning this country into the much dreamt about nation lies in our hand and in the hands of the future leaders – the students – the youths. Crusade Against Examination Malpractice Initiative (CAEMI) takes to the street and especially secondary schools, this message of cleansing the academic system of corruption (EXAMINATION MALPRACTICE) through the introduction of VALUE BASED EDUCATION. 

Interaction with student of Junior Secondary School, Garki - Abuja on the menace of Exam Malpractice

Interaction with the FCT Universal Basic Education Representative 2nd from the right Exam Malpractice

With the press

Interaction with student of Junior Secondary School, Garki - Abuja on the menace of Exam Malpractice

Goldie Died Of Drugs

Goldie Harvey

Nigeria’s music diva, Susan Oluwabimpe Harvey, popularly known as Goldie, who died Thursday night may have died as a result of doping complications, close sources to her said.

She died last night at Reddington Hospital, Victoria Island, Lagos, and barely few hours after she arrived from Los Angeles, United States of America.

Goldie: shocking death

Goldie’s death was confirmed yesterday by her management via her Facebook Page and Twitter handle. The post reads: “It is with heavy heart that I have to announce to you all that Goldie passed on this night (last night) shortly after arriving Lagos from Los Angeles. May her soul rest in the eternal peace of the Lord… Amin.”

The main cause of her death is still sketchy as at time of filing this report. Goldie was said to have been rushed to Reddington Hospital by close friend, Denrele Edun from her Park View residence after she complained of headache.

But a source close to the music star confided in P.M.NEWS that Goldie died of complications from the use of drugs. “She had complications from the use of dope. I guess things went wrong this time around.”

Another source also told P.M.NEWS this morning that “she had been into this drug stuff for some time now. I believe that contributed to her death.” Goldie, who represented Nigeria at last year’s Big Brother Amplified (BBA) in South Africa, is signed to Kennis Music.

Keke Ogungbe, the President of Kennis Music, confirmed the death of the songstress in a statement this morning. “On behalf of Kennis Music, I’m sad to officially confirm the shocking and untimely passage of Nigeria’s pop star, Goldie Harvey. With a deep sense of loss, we announce the shocking death of our darling music star, Goldie Harvey. Goldie, 31, died on Thursday after she complained of a severe headache at her Park View residence shortly after her arrival from the United States where she went to witness the Grammy Award.

“She was rushed to her official hospital, Reddington, Victoria Island, Lagos, where doctors pronounced her dead on arrival. We consider this period a gloomy moment for us and the entire Nigerian music industry in view of the circumstance Goldie passed away, the abundance of talent she has exhibited in her but eventful music career and the various opportunities her trip to the United States of America would have availed her. She is survived by her father, step- mother, brothers and sisters.”

The remains of Goldie, who hails from Ekiti State have been deposited at the Lagos University Teaching Hospital mortuary.

The deceased attended Green Springs Montessori Primary School and St. John’s College, Palm Grove before moving on to the University of Sunderland where she studied Business Management.

She joined Kennis Music in 2010 and had her debut album, Gold. Some of her hit songs are “You Know It”, “JawoJawo” and DTMB (Don’t Touch My Body).

In her music career, Goldie received 10 awards, including Exquisite Lady of the year, Best Female Artiste award and City People Best Female Artiste of the year.

Goldie became the final celebrity to exit the BBA7 star game house in 2012 as the 3rd runner up.

How Goldie Died

CEO of Kennis Music, the label Goldie was signed on, Kenny Ogungbe has issued a statement detailing the final hours of the late singer.

“With a deep sense of loss, we announce the shocking death of our darling music star, Goldie Harvey. Goldie, 31, died on Thursday after she complained of a severe headache shortly after her arrival from the United States where she went to witness the Grammy Award.

Related Articles: Breaking News: Goldie Mysteriously Dies On Valentine's Day , PHOTOS: Goldie With Ciara And Chaka Khan At Grammy Pre-Event Party

She was rushed from her Park View, Ikoyi, Lagos residence to her official hospital, Reddington, Victoria Island, Lagos, where doctors pronounced her dead on arrival at exactly 7:30pm in the evening.

We consider this period a gloomy moment for us and the entire Nigerian music industry in view of the circumstance in which she passed away; the abundance of talent she exhibited in her short but eventful music career and the various opportunities her trip to the United States of America would have availed her.

She is survived by her father, step- mother, brothers and sisters. We deeply sympathise with her family and fans all over the world and very grateful to all and sundry, especially, the vibrant Nigerian media for their concern and prompt reportage. We shall keep everybody informed as events unfold as we are devastated by the sudden loss.”

Goldie’s remains has been deposited at the mortuary.

Photos Of The Day : Psquare Before They Became Famous

The super duo of Peter and Paul Okoye (aka Psquare), have been rocking the Nigerian music scene for years. We see all their glamorous pictures, but how about the pictures before they found fame ? See the photos below;