Violence Against Persons Law, 2020

VIOLENCE AGAINST PERSONS LAW, 2020

1. Short Title and Commencement. This Law may be cited as the Violence Against Persons Law, and shall come into force on the 28th day of July, 2020.

2. Interpretation. In this Law, unless the context otherwise requires: "Accredited Service Provider" means governmental, non-governmental, faith based, voluntary and charitable associations or institutions providing shelter, homes, counselling, legal, financial, medical or other assistance to victims of violence and are registered with the State Ministry in charge of social welfare matters under the provisions of this Law; "Attorney-General" means the Honourable Attorney ?General and Commissioner for Justice of Delta State; "Circumcision or Genital mutilation" means the cutting off of all or part of the external genital organs of a girl or woman for non-medical reasons; "Court" means the High Court or Magistrate Courts in Delta State; "Damage to property" means the wilful 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 or machine directed toward a person with the intention of inflicting bodily harm on such person and includes a 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: (a) they are or were married to each other, including marriages according to any law, custom or religion; (b) 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; (c) they are the parents of a child or children or are the persons who have or had a parental responsibility for that child or children; (d) they are persons related by consanguinity, affinity, adoption or fostering; or (e) they are or were in an engagement, dating or customary relationship, including actual or perceived romantic, intimate or sexual relationship of any duration; "Domestic violence" means any act perpetuated on any person in a domestic relationship where such act causes harm or may cause imminent harm to the safety, health or wellbeing of any person; "Economic abuse" includes: (a) forced financial dependence which means causing or attempting to cause individuals to become financially dependent on another person by obstructing their access to, or control over resources and independent economic activity; (b) denial of inheritance or succession rights; (c) the unreasonable deprivation of economic or financial resources to which any person is entitled or which any person requires out of necessity such as: (i) household necessities, (ii) mortgage bond repayments, or (iii) payment of rent in respect of a shared residence; or (d) 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; (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 or verbal or psychological abuse" means a pattern of degrading or humiliating conduct towards any person, including : (a) repeated insults; (b) ridicule or name calling; (c) repeated threats to cause emotional pain; or (d) the repeated exhibition of obsessive possessiveness, which is of such a nature as to constitute a serious invasion of such person's privacy, liberty, integrity or security; "Forced isolation or separation from family and friends" includes preventing a person from leaving the home or from having contact with family, friends or the outside community; "Federal Government" means the Federal Government of Nigeria; "Harmful traditional practice" means all traditional behaviours, attitudes or practices, which negatively affect the fundamental rights of women, girls, or any person and includes harmful widowhood practices, denial of inheritance, female circumcision, forced marriage and forced isolation from family and friends; "Incest" means an indecent act or an act by a person which causes penetration or insertion in any of the ways specified in section 4(3) of this Law, with another person who is, to his or her knowledge, his or her daughter or son, sister or brother, granddaughter or grandson, mother or father, cousin, niece or nephew, aunt or uncle, grandmother or grandfather, grand-aunt or grand-uncle; "Intimidates" means to utter or convey a threat or cause any person to receive a threat, which induces fear, anxiety or discomfort; "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 acts : (a) thuggery; (b) mugging; (c) use of force to disrupt meetings; or (d) the use of dangerous weapons that may cause bodily harm or injury; "Private parts" means either the groin area or buttocks of a man, or the groin area, buttocks or breasts region of a woman; "Protection Officer" means an Officer appointed under Section 45 of this Law in relation to and for the purposes of this Law; "Protection Order" means an official legal document, signed by a Judge that restrains an individual or body from further abusive behavior towards a victim; "Spouse" means husband or wife as recognized under the Matrimonial Causes Act, Islamic Law or Customary Law; "Stalking" means repeatedly: (a) watching, or loitering outside of or near the building or place where the person being stalked resides, works, carries on business, studies or happens to be; or (b) following, pursuing or accosting any person in a manner which is likely to induce fear or anxiety; State means Delta State of Nigeria; "State Commissioner of Police" means the Commissioner of Police in charge of Delta State; "Victim" means any person or persons, who individually or collectively, has or have suffered harm, including: (i) physical or mental injury; (ii) emotional suffering; (iii) economic loss; or (iv) substantial impairment of their fundamental rights, through acts or omissions that are in violation of this Law or the criminal laws of the State; "Violence" means any act or attempted act, which causes or may cause any person physical, sexual, psychological, verbal, emotional or economic harm whether this occurs in private or public life, in peace time or in conflict situations.

3. Definition of Rape. (1) A person commits the offence of rape if: (a) he or she intentionally penetrates the vagina or anus of another person with any body part, object or anything else, or the mouth of another person with his or her sexual organ; or (b) he or she intentionally inserts or causes to be inserted into his or her mouth or anus the sexual organ of another person; or (c) having a vagina, intentionally inserts or causes to be inserted into it the penis or mouth of another person. (2) (a) the other person: (i) does not consent to the penetration or insertion; or (ii) is incapable of giving consent by reason of diminished mental capacity; or (iii)purportedly gives consent where such consent is obtained by force or means of threat or intimidation of any kind or by fear of harm or by means of false and fraudulent representation as to the nature of the act; or (iv) is administered any substance or additive capable of taking away his or her will; or (v) is below the age of 18 years. (b) for that purpose, impersonates the spouse of that other person where the person is married.

4. Punishment for rape. (1) A person convicted of the offence of rape under Section 3 of this Law is liable to imprisonment for life without an option of fine except: (a) where the offender is less than 14 years of age, the offender is liable to a maximum of 14 years imprisonment; (b) in all other cases, to a minimum of 12 years imprisonment without an option of fine; or (c) in the case of rape by a group of persons, the offenders are liable jointly to a minimum of 20 years imprisonment without an option of fine. (2) A person who attempts to commit the offence provided for in Section 3 of this Law commits an offence and is liable on conviction to a term of 12 years imprisonment without an option of fine. (3) A person who incites, aids, abets, or procures another person to commit the offence provided for in Section 3 of this Law is deemed to have taken part in committing the offence and is liable on conviction to the punishment prescribed in subsection (1) of this Section. (4) A person who receives another, unless for the purpose of handing him or her over to security agents, or assists him or her knowing that he or she committed the offence provided for in Section 3 of this Law is an accessory after the fact and is liable on conviction to a term of 12 years imprisonment without an option of fine. (5) The Court shall order the convict to pay appropriate compensation to the victim of an offence under this Section as it may deem fit in the circumstance.

5. Register of sex Offenders. A register of convicted sex Offenders in the State shall be maintained by the office of the Attorney-General and made accessible to the public.

6. Indecent assault. A person who intentionally penetrates the mouth of another person with any object or thing in such a manner as to derive any form of sexual gratification from the act without the consent of that other person commits the offence of indecent assault and is liable on conviction to a term of 10 years imprisonment without an option of fine.

7. Inflicting physical injury on another. (1) A person who wilfully causes or inflicts physical injury on another person by means of blows or slap or by the use of any weapon, substance or object, commits an offence and is liable on conviction to a term of 5 years imprisonment or to a fine not exceeding N1,000,000.00 or both. (2) A person who attempts to commit the offence provided for in subsection (1) of this Section, commits an offence and is liable on conviction to a term of 2 years and 6 months imprisonment or to a fine not exceeding N500,000.00 or both. (3) A person who incites, aids, abets, or procures another person to commit the offence provided for in subsection (1) of this Section is deemed to have taken part in committing the offence and is liable on conviction to the punishment prescribed in subsection (I). (4) A person who receives another, unless for the purpose of handing him or her over to security agents, or assists him or her knowing that he or she committed the offence provided for in subsection (1) of this Section, is an accessory after the fact and is liable on conviction to a term of 2 years and 6 months imprisonment or to a fine not exceeding N1,000,000.00 or both. (5) The Court may order the convict to pay appropriate compensation to the victim of an offence under this Section as it may deem fit in the circumstance.

8. Wilfully placing a person in fear of injury. (1) A person who wilfully or knowingly places another person in fear of physical or psychological injury, commits an offence and is liable on conviction to a term of 3 years imprisonment or to a fine not exceeding N500,000.00 or both. (2) A person who attempts to commit the offence provided for in subsection (1) of this Section, commits an offence and is liable on conviction to a term of 1 year and 6 months imprisonment or to a fine not exceeding N500,000 or both. (3) A person who incites, aids, abets, or procures another person to commit the offence provided for in subsection (1) of this Section is deemed to have taken part in committing the offence and is liable on conviction to the punishment prescribed in subsection (1). (4) A person who receives another, unless for the purpose of handing him or her over to security agents, or assists him or her knowing that he or she committed the offence provided for in subsection (1) of this Section is an accessory after the fact and is liable on conviction to a term of 1 year and 6 months imprisonment or to a fine not exceeding N500,000.00 or both.

9. Coercion. (1) A person who compels another, by force or threat, to engage in any conduct or act, sexual or otherwise, which is likely to be detrimental to that other person’s physical or psychological well-being, commits an offence and is liable on conviction to a term of 10 years imprisonment or to a fine not exceeding N1,000,000.00 or both. (2) A person who attempts to commit the offence provided for in subsection (1) of this Section, commits an offence and is liable on conviction to a term of 1 year and 6 months imprisonment or to a fine not exceeding N500,000.00 or both. (3) A person who incites, aids, abets, or procures another person to commit the offence provided for in subsection (1) of this Section is deemed to have taken part in committing the offence and is liable on conviction to the punishment prescribed in subsection (1). (4) A person who receives another, unless for the purpose of handing him or her over to security agents, or assists him or her knowing that he or she committed the offence provided for in subsection (1) of this Section, is an accessory after the fact and is liable on conviction to a term of 1 year and 6 months imprisonment or to a fine not exceeding N300,000.00 or both.

10. Prohibition of female circumcision or genital mutilation. (1) Circumcision or genital mutilation of a girl or a woman is hereby prohibited. (2) A person who performs circumcision or genital mutilation on a female or engages another to carry out such circumcision or genital mutilation, commits an offence and is liable on conviction to a term of 4 years imprisonment or to a fine not exceeding N500,000.00 or both. (3) A person who attempts to commit the offence provided for in subsection (2) of this Section, commits an offence and is liable on conviction to a term of 2 years imprisonment or to a fine not exceeding N300,000.00 or both. (4) A person who incites, aids, abets, or procures another person to commit the offence provided for in subsection (2) of this Section is deemed to have taken part in committing the offence and is liable on conviction to the punishment prescribed in subsection (2). (5) A person who receives another, unless for the purpose of handing him or her over to security agents, or assists him or her knowing that he or she committed the offence provided for in subsection (2) of this Section, is an accessory after the fact and is liable on conviction to a term of 2 years imprisonment or to a fine not exceeding N300,000.00 or both.

11. Frustrating investigation. Any person who, with intent to defraud or conceal an offence or frustrate the investigation and prosecution of offenders under this Law or under any other enactment: (a) destroys, alters, mutilates, or falsifies any book or document, dress or clothing which could serve as evidence or exhibits; or (b) omits, or is privy to omitting, any material particular from any such document, book, dress or clothing, commits a felony and is liable on conviction to a term of 3 years imprisonment or to a fine not exceeding N500,000.00 or both.

12. Wilfully making false statements. A person who wilfully makes a false statement, whether oral or documentary, under this Law or with the aim of initiating investigation or criminal proceedings under this Law against another person, commits an offence and is liable on conviction to a term of 1 year imprisonment or to a fine not exceeding N200,000.00 or both.

13. Forceful eviction from home. (1) A person who forcefully evicts his or her spouse or person with whom he or she is in a domestic relationship as defined under this Law, from his or her home or refuses him or her access thereto, commits an offence and is liable on conviction to a term of 2 years imprisonment or to a fine not exceeding N300,000.00 or both. (2) A person who attempts to commit the offence provided for in subsection (1) of this Section commits an offence and is liable on conviction to a term of 1 year imprisonment or to a fine not exceeding N200,000.00 or both. (3) A person who incites, aids, abets, or procures another person to commit the offence provided for in subsection (1) of this Section is deemed to have taken part in committing the offence and is liable on conviction to the punishment prescribed in subsection (1). (4) A person who receives another, unless for the purpose of handing him or her over to security agents, or assists him or her knowing that he or she committed the offence provided for in subsection (1) of this Section, is an accessory after the fact and is liable on conviction to a term of 1 year imprisonment or to a fine not exceeding N200,000.00 or both.

14. Depriving a person of liberty. (1) A person who deprives another of his or her liberty, except in accordance with a procedure permitted by law, commits an offence and is liable on conviction to a term of 2 years imprisonment or to a fine not exceeding N500,000.00 or both. (2) A person who attempts to commit the offence provided for in subsection (1) of this Section, commits an offence and is liable on conviction to a term of 1 year imprisonment or to a fine not exceeding N300,000.00 or both. (3) A person who incites, aids, abets, or procures another person to commit the offence provided for in subsection (1) of this Section is deemed to have taken part in committing the offence and is liable on conviction to the punishment prescribed in subsection (1). (4) A person who receives another, unless for the purpose of handing him or her over to security agents, or assists him or her knowing that he or she committed the offence provided for in subsection (1) of this Section, is an accessory after the fact and is liable on conviction to a term of 1 year imprisonment or to a fine not exceeding N300,000.00 or both.

15. Damage to property with intent to cause distress. (1) Without prejudice to specific provisions relating to wilful and unlawful damage to property contained in any other law, a person who causes mischief, destruction or damage to the property of another, with intent to cause or knowing that it is likely to cause distress or annoyance to that other person, commits an offence and is liable on conviction to a term of 2 years imprisonment or to a fine not exceeding N300,000.00 or both. (2) A person who attempts to commit the offence provided for in subsection (1) of this Section, commits an offence and is liable on conviction to a term of 1 year imprisonment or to a fine not exceeding N200,000.00 or both. (3) A person who incites, aids, abets, or procures another person to commit the offence provided for in subsection (1) of this Section is deemed to have taken part in committing the offence and is liable on conviction to the punishment prescribed in subsection (1). (4) A person who receives another, unless for the purpose of handing him or her over to security agents, or assists him or her knowing that he or she committed the offence provided for in subsection (1) of this Section, is an accessory after the fact and is liable on conviction to a term of 1 year imprisonment or to a fine not exceeding N200,000.00 or both.

16. Economic abuse. (1) A person who causes economic abuse to another commits an offence and is liable on conviction to a term of 3 years imprisonment or to a fine not exceeding N500,000.00 or both. (2) A person who attempts to commit the offence provided for in subsection (1) of this Section, commits an offence and is liable on conviction to a term of 1 year and 6 months imprisonment or to a fine not exceeding N200,000.00 or both. (3) A person who incites, aids, abets, or procures another person to commit the offence provided for in subsection (1) of this Section is deemed to have taken part in committing the offence and is liable on conviction to the punishment prescribed in subsection (1). (4) A person who receives another, unless for the purpose of handing him or her over to security agents, or assists him or her knowing that he or she committed the offence provided for in subsection (1) of this Section, is an accessory after the fact and is liable on conviction to a term of 1 year and 6 months imprisonment or to a fine not exceeding N200,000.00 or both.

17. Forced isolation or separation from family and friends. (1) A person who subjects another to forced isolation or separation from family and friends, commits an offence and is liable on conviction to a term of 6 months imprisonment or to a fine not exceeding N200,000.00 or both. (2) A person who attempts to commit the offence provided for in subsection (1) of this Section, commits an offence and is liable on conviction to a term of 3 months imprisonment or to a fine not exceeding N100,000.00 or both. (3) A person who incites, aids, abets, or procures another person to commit the offence provided for in subsection (1) of this Section is deemed to have taken part in committing the offence and is liable on conviction to the punishment prescribed in subsection (1). (4) A person who receives another, unless for the purpose of handing him or her over to security agents, or assists him or her knowing that he or she committed the offence provided for in subsection (1) of this Section, is an accessory after the fact and is liable on conviction to a term of 3 months imprisonment or to a fine not exceeding N100,000.00 or both.

18. Emotional or verbal or psychological abuse. (1) A person who causes emotional or verbal or psychological abuse to another commits an offence and is liable on conviction to a term of 1 year imprisonment or to a fine not exceeding N200,000.00 or both. (2) A person who attempts to commit the offence provided for in subsection (1) of this Section, commits an offence and is liable on conviction to a term of 6 months imprisonment or to a fine not exceeding N100,000.00 or both. (3) A person who incites, aids, abets, or procures another person to commit the offence provided for in subsection (1) of this Section is deemed to have taken part in committing the offence and is liable on conviction to the punishment prescribed in subsection (1). (4) A person who receives another, unless for the purpose of handing him or her over to security agents, or assists him or her knowing that he or she committed the offence provided for in subsection (1) of this Section, is an accessory after the fact and is liable on conviction to a term of 6 months imprisonment or to a fine not exceeding N100,000.00 or both.

19. Abandonment of children, spouse and other dependants without means of sustenance. (1) A person who abandons a wife or husband, children or other dependants, without any means of sustenance, commits an offence and is liable on conviction to a term of 3 years imprisonment or to a fine not exceeding N500,000.00 or both. (2) A person who attempts to commit the offence provided for in subsection (1) of this Section, commits an offence and is liable on conviction to a term of 1 year and 6 months imprisonment or to a fine not exceeding N200,000.00 or both. (3) A person who incites, aids, abets, or procures another person to commit the offence provided for in subsection (1) of this Section is deemed to have taken part in committing the offence and is liable on conviction to the punishment prescribed in subsection (1). (4) A person who receives another, unless for the purpose of handing him or her over to security agents, or assists him or her knowing that he or she committed the offence provided for in subsection (1) of this Section, is an accessory after the fact and is liable on conviction to a term of 1 year and 6 months imprisonment or to a fine not exceeding N200,000.00 or both.

20. Stalking. (1) A person who stalks another commits an offence and is liable on conviction to a term of 2 years imprisonment or to a fine not exceeding N500,000.00 or both. (2) A person who attempts to commit the offence provided for in subsection (1) of Section, commits an offence and is liable on conviction to a term of 6 months imprisonment or to a fine not exceeding N100,000.00 or both. (3) A person who incites, aids, abets, or procures another person to commit the offence provided for in subsection (1) of this Section is deemed to have taken part in committing the offence and is liable on conviction to the punishment prescribed in subsection (1). (4) A person who receives another, unless for the purpose of handing him or her over to security agents, or assists him or her knowing that he or she committed the offence provided for in subsection (1) of this Section, is an accessory after the fact and is liable on conviction to a term of 1 year imprisonment or to a fine not exceeding N200,000.00 or both.

21. Intimidation. (1) A person who intimidates another commits an offence and is liable on conviction to a term of 1 year imprisonment or to a fine not exceeding N200,000.00 or both. (2) A person who attempts to commit the offence provided for in subsection (1) of this section, commits an offence and is liable on conviction to a term of 6 months imprisonment or to a fine not exceeding N100,000.00 or both. (3) A person who incites, aids, abets, or procures another person to commit the offence provided for in subsection (1) of this Section is deemed to have taken part in committing the offence and is liable on conviction to the punishment prescribed in subsection (1). (4) A person who receives another, unless for the purpose of handing him or her over to security agents, or assists him or her knowing that he or she committed the offence provided for in subsection (1) of this section, is an accessory after the fact and is liable on conviction to a term of 6 months imprisonment or to a fine not exceeding N100,000.00 or both.

22. Spousal battery. (1) A person who intentionally applies force or violence on his or her spouse without the consent of such spouse or with consent obtained by fraud, commits an offence and is liable on conviction to a term of 3 years imprisonment or to a fine not exceeding N500,000.00 or both. (2) A person who attempts to commit the offence provided for in subsection (1) of this Section, commits an offence and is liable on conviction to a term of 1 year and 6 months imprisonment or to a fine not exceeding N300,000.00 or both. (3) A person who incites, aids, abets, or procures another person to commit the offence provided for in subsection (1) of this Section is deemed to have taken part in committing the offence and is liable on conviction to the punishment prescribed in subsection (1). (4) A person who receives another, unless for the purpose of handing him or her over to security agents, or assists him or her knowing that he or she committed the offence provided for in subsection (1) of this Section, is an accessory after the fact and is liable on conviction to a term of 1 year and 6 months imprisonment or to a fine not exceeding N300,000.00 or both. (5) In respect of the offence in subsection (1) of this Section, it is immaterial that the victim believed that he or she provoked or deserved the violence meted out to him or her by the spouse.

23. Inhuman treatment of widows and harmful traditional practices. (1) Any person who: (a) subjects, coerces, entices, induces or forces a widow or any other person to undergo any form of inhuman or degrading treatment in the guise of customary practices or religious rites; or (b) carries out the functions of administering any form of inhuman or degrading rites on a widow or any other person, commits an offence and is liable on conviction to a term of 4 years imprisonment or to a fine not exceeding N500,000.00 or both. (2) A person who attempts to commit the offence provided for in subsection (1) of this Section commits an offence and is liable on conviction to a term of 2 years imprisonment or to a fine not exceeding N300,000.00 or both. (3) A person who incites, aids, abets, or procures another person to commit the offence provided for in subsection (1) of this Section is deemed to have taken part in committing the offence and is liable on conviction to the punishment prescribed in subsection (1). (4) A person who receives another, unless for the purpose of handing him or her over to security agents, or assists him or her knowing that he or she committed the offence provided for in subsection (1) of this Section, is an accessory after the fact and is liable on conviction to a term of 2 years imprisonment or to a fine not exceeding N300,000.00 or both.

24. Attack with harmful substance. (1) A person who uses a chemical, biological or any other harmful substance on another commits an offence and is liable on conviction to a term of life imprisonment without an option of fine. (2) A person who attempts to commit the offence provided for in subsection (1) of this Section, commits an offence and is liable on conviction to a term of 25 years imprisonment without an option of fine. (3) A person who incites, aids, abets, or procures another person to commit the offence provided for in subsection (1) of this Section is deemed to have taken part in committing the offence and is liable on conviction to the punishment prescribed in subsection (1). (4) A person who receives another, unless for the purpose of handing him or her over to security agents, or assists him or her knowing that he or she committed the offence provided for in subsection (1) of this Section, is an accessory after the fact and is liable on conviction to a term of 25 years imprisonment without an option of fine.

25. Administering substance with intent. (1) A person commits an offence if he or she 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 engage in any sexual activity with that person. (2) A person who commits an offence under this section, is liable on conviction to a term of 10 years imprisonment or to a fine not exceeding N500,000.00 or both.

26. Political violence. (1) A person who commits an act of political violence as defined under this Law, commits an offence and is liable on conviction to a term of 4 years imprisonment or to a fine not exceeding N500,000.00 or both. (2) A person who attempts to commit the offence provided for in subsection (1) of this Section commits an offence and is liable on conviction to a term of 2 years imprisonment or to a fine not exceeding N300,000.00 or both. (3) A person who incites, aids, abets, or procures another person to commit the offence provided for in subsection (1) of this Section is deemed to have taken part in committing the offence and is liable on conviction to the punishment prescribed in subsection (1). (4) A person who receives another, unless for the purpose of handing him or her over to security agents, or assists him or her knowing that he or she committed the offence provided for in subsection (1) of this Section, is an accessory after the fact and is liable on conviction to a term of 2 years imprisonment or to a fine not exceeding N300,000.00 or both.

27. Political violence by officials of Government Agencies. (1) Any Official of an Agency of the Federal, State or Local Government who commits an act of political violence commits an offence and is liable on conviction to a term of 4 years imprisonment or to a fine not exceeding N1,000,000.00 or both. (2) A person who attempts to commit the offence provided for in subsection (1) of this Section, commits an offence and is liable on conviction to a term of 2 years imprisonment or to a fine not exceeding N700,000.00 or both. (3) A person who incites, aids, abets, or procures another person to commit the offence provided for in subsection (1) of this Section is deemed to have taken part in committing the offence and is liable on conviction to the punishment prescribed in subsection (1). (4) A person who receives another, unless for the purpose of handing him or her over to security agents, or assists him or her knowing that he or she committed the offence provided for in subsection (1) of this Section, is an accessory after the fact and is liable on conviction to a term of 2 years imprisonment or to a fine not exceeding N300,000.00 or both. (5) Any Agency of the Federal, State or Local Government shall be liable for the act of political violence committed by its agents and the Court shall order it to pay appropriate compensation commensurate with the extent and amount of damage done, to such number of victims as the Court deems fit.

28. Incest. A person who knowingly and wilfully has carnal knowledge of another within the prohibited degrees of consanguinity as defined in this Law, commits incest and is liable on conviction to a term of 5 years imprisonment without an option of fine.

29. Indecent Exposure. (1) A person who intentionally exposes any of his or her private parts wholly or partly in public commits the offence of indecent exposure. (2) A person who commits the offence provided for in subsection (1) of this Section is liable on conviction to perform such community service as the court may order or to pay a fine not exceeding N50,000.00 or both.

30. Embarrassing or humiliating acts. (1) A person who, with intent to embarrass or humiliate another person, publishes by electronic or other means, nude pictures of that other person, commits an offence and is liable on conviction to a term of 3 years imprisonment or to a fine of N500,000.00 or both. (2) A person who, with intent to embarrass or humiliate another person whether for a real or perceived wrong, strips that other person naked, completely or partially, in public, commits an offence and is liable on conviction to a term of 3 years imprisonment or to a fine not exceeding N500,000.00 or both.

31. Jurisdiction. (1) Trials of offences under this law shall be by summary trials at the High Court and the Magistrate Courts. (2) Notwithstanding the provisions of subsection (1) of this Section, the High Court shall have exclusive jurisdiction with respect to the offence of rape.

32. Application for Protection Order. (1) An application for a Protection Order may be made before the High Court or Magistrate Courts in the State following a complaint of violence by the victim and no time limit or restriction shall apply in relation to a person seeking to apply for such protection order. (2) The application in subsection (1) of this Section shall be supported by an affidavit deposed to by the victim or a person having sufficient knowledge of the facts of the case. (3) If the victim is not represented by counsel, the Police Officer with whom a complaint of violence has been lodged shall inform the victim of the remedies available to him or her under this Law. (4) Notwithstanding the provisions of any other law, the application in subsection (1) of this Section may be brought on behalf of the victim by any other person, including a Police Officer, a Protection Officer, an Accredited Service Provider, a Counselor, a health service provider or a teacher who has an interest in the well-being of the victim. (5) An application brought by a person other than the victim shall be brought with the written consent of the victim, except in circumstances where the victim 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. (6) Notwithstanding the provisions of any other law, a person, on behalf of a minor, may apply to the Court for a protection order without the cooperation of the parent or guardian of the minor or that of a person in loco parentis.

33. Consideration of Application. (1) The Court shall as soon as is reasonably practicable, consider an application submitted to it under Section 32 of this Law and may, for that purpose, consider such additional evidence as it deems fit, including oral evidence or affidavit evidence, which shall form part of the record of proceedings. (2) If the Court is satisfied that there is prima facie evidence that the respondent is committing, has committed or that there is an imminent likelihood that he or she may commit an act of violence, the Court shall, notwithstanding the fact that the respondent has not been given notice of the proceedings contemplated in subsection (1) of this Section, issue an interim protection order against the respondent, in the prescribed manner. (3) An interim protection order shall be served on the respondent in the prescribed manner and shall call on the respondent to show cause on the return date specified in the order, why a protection order should not be issued in favour of the applicant. (4) A copy of the application referred to in Section 32 of this Law and the record of any evidence taken under subsection (1) of this Section shall be served on the respondent together with the interim protection order. (5) If the Court does not issue an interim protection order in line with subsection (2) of this Section, it shall direct the Registrar of Court to 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. (6) The return dates referred to in subsections (3) and (5) of this Section shall not be less than 5 days after service has been effected on the respondent.

34. Issuing of protection orders. (1) If the respondent does not appear on a return date contemplated in Section 33(3) or (5) of this Law 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 violence, it shall issue a protection order in the form prescribed in Schedule 4. (2) If the respondent appears on the return date in order to oppose the application for a protection order, the Court shall proceed to hear the matter and consider: (a) any evidence previously received under section 33(1) of this Law; and (b) such further affidavits or oral evidence as it may direct, which shall form part of the record of proceedings. (3) The Court may, of its own accord or on the request of the victim, if it is of the opinion that it is just or desirable to do so, subject to the rules of evidence on competence and compatibility of witnesses, order that in the examination of witnesses, 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 him or her, and (b) shall put any question to such witness by stating the question to the Court which shall 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 form prescribed in Schedule 4 if it makes a finding on a balance of probabilities, that the respondent has committed or is committing an act of violence, or that there is an imminent likelihood that he or she may do so. (5) Upon the issuance of a protection order, the Registrar of Court shall in the prescribed manner, cause to be served on the applicant: (a) the original of such order; and (b) a certified copy of such order and the original warrant of arrest contemplated in Section 37(1)(a). (6) The Registrar of Court shall in the prescribed manner, forward certified copies of any protection order and of the warrant of arrest contemplated in section 37(1)(a) to a police station within the jurisdiction. (7) A protection order issued under this section remains in force until it is set aside, and the execution of such order shall not automatically be suspended upon the filing of an appeal.

35. Powers of the court in respect of protection orders. (1) The Court may, by means of a protection order referred to in Sections 32, 33 and 34 of this Law, prohibit the respondent from: (a) committing any act of violence; (b) enlisting the help of another person to commit any act of violence; (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 victim; (d) entering a specified part of such a shared household; (e) entering the victim’s residence; (f) entering the victim's place of employment; (g) preventing the victim from entering or remaining in the shared household or a specified part of the shared household; (h) alienating or disposing of the shared household or encumbering same; (i) renouncing his or her rights in the shared household except in favour of the victim; and (j) committing any other act as specified in the protection order. (2) The Court may impose any additional condition which it deems reasonably necessary to protect and provide for the safety, health or well-being of the victim, 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 shall accompany the victim to a specified place to assist with arrangements regarding the collection of personal property; (c) directing the respondent to secure alternative accommodation for the victim; (d) directing the temporary relocation to any safe place as may be deemed fit in the interest of the victim; (e) approving a mediation channel upon submissions made by the victim. (3) In ordering a prohibition under 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 victim and the respondent. (4) The Court may order the respondent to pay emergency monetary relief having regard to the financial needs and resources of the victim and the respondent, and such order has the effect of a civil judgment of a court. (5) The Court may issue any direction to ensure that the victim's physical address is not disclosed in any manner, which may endanger his or her safety, health or well-being. (6) If the Court is satisfied that it is in the best interests 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 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 victim. (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 under any other relevant law, including the Matrimonial Causes Act, 1970 and Child Rights Law of the State, the Court shall 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 under such other law.

36. Duties and powers of Police Officer relating to incidents of violence. (1) A Police Officer at the scene of an incident of violence or to whom a report of violence has been made, shall have the duty to, and as soon as is reasonably possible: (a) assist a victim to file a complaint regarding the violence; (b) provide or arrange safe transport for the victim to an alternative residence, safe place or shelter where such is required; (c) provide or arrange transportation for the victim to the nearest hospital or medical facility for treatment of injuries where such treatment is needed; (d) explain to the victim his or her rights to protection against violence and the remedies available to him or her under this Law; (e) explain to the victim that he or she has the right to lodge a criminal complaint in addition to any remedy provided under this Law; and (f) accompany the victim to victim's residence to collect his or her personal belongings. (2) A Police Officer may, without an order from the Court or a warrant of arrest, arrest any person: (a) whom he or she suspects upon reasonable grounds to have committed any of the offences under Part II of this Law; and (b) against whom a complaint has been made for having committed any of the offences under Part II of this Law. (3) A Police Officer in carrying out his or her duties under this Law shall have the power to: (a) remove or supervise the removal of a person excluded from a shared residence where the Court has issued such an order under this Law; (b) remove or supervise the removal of any dangerous weapon used to commit an act of violence as contemplated in this Law; (c) collect and store fingerprints including the Deoxyribonucleic Acid (DNA) of accused and convicted offenders; and (d) perform any other act considered necessary in order to ensure the safety and well-being of the victim.

37. Warrant of arrest upon issuance of protection order. (1) Whenever a Court issues a protection order, it shall make an order: (a) authorizing the issuance 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 under Section 35 (2) of this Law. (2) The warrant referred to in subsection (1) (a) of this Section, remains in force until it is executed or cancelled. (3) The Registrar of Court shall issue the applicant with a second or further warrant of arrest if the applicant files an affidavit in the prescribed form and states that such warrant is required for the protection of the victim, and that the existing warrant of arrest has been: (a) executed or cancelled; or (b) lost or destroyed. (4) A second or further warrant of arrest may contain the prima facie fact or facts that the respondent has contravened any prohibition order, condition, obligation or other order made in a protection order, and upon being received by a Police Officer shall be executed timeously.

38. Arrest without warrant. (1) If it appears to a Police Officer that there are reasonable grounds to suspect that the victim may suffer imminent harm as a result of the alleged breach of a protection order by a respondent, the Police Officer shall forthwith arrest the respondent without a warrant. (2) If the Police Officer concerned is of the opinion that there are sufficient grounds for arresting the respondent under subsection (1) of this Section, he or she shall: (a) 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 on the date and at the time specified in the notice, on a charge of committing any of the acts referred to in Section 35 (1); and (b) require the respondent to append his or her signature on a duplicate copy of the notice containing an endorsement by the Police Officer to the effect that he or she handed the original notice to the respondent and that he or she explained the import thereof to the respondent. (3) The Police Officer shall forward the duplicate of the notice referred to in subsection (2) of this Section to the Registrar of the Court concerned, and the mere production in Court of such a duplicate shall be prima facie proof that the original was handed to the respondent. (4) In considering whether or not the victim may suffer imminent harm as contemplated in subsection (1) of this Section, the Police Officer shall take into account the: (a) risk to the safety, health or well-being of the victim; (b) seriousness of the conduct comprising an alleged breach of the protection order; and (c) length of time since the alleged breach occurred.

39. Variation or setting aside of protection order. (1) The applicant or the respondent in an application for a protection order which was granted under Section 34 (1) (b) may, upon written notice to the other party and the Court concerned, apply for the variation or setting aside of the order in the prescribed manner. (2) The Court, if satisfied that a good cause has been shown for the variation or setting aside of the protection order, may issue an order varying or setting aside the protection order: Provided that the Court shall not grant the application if brought by the applicant unless it is satisfied that the applicant brought it freely and voluntarily.

40. Offences relating to protection orders. (1) A respondent or any person who: (a) flouts an interim protection order or a protection order; (b) does any act calculated to frustrate the application of an interim protection order or protection order as relates to the applicant or a dependent person, commits an offence and is liable on summary conviction to a term of 6 months imprisonment or to a fine not exceeding N300,000.00 or both. (2) The provisions of subsection (1) of this Section 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.

41. Rights of victims of violence and relief services. (1) Every victim of violence as defined in this Law shall have the right to medical, psychological, social and legal assistance, to information on the legal, health and social services available to him or her, and available rehabilitation and reintegration programmes. (2) The State Government shall use its best endeavours and every means necessary to ensure that every victim of violence: (a) receives the necessary materials, comprehensive medical, psychological, social and legal assistance through governmental agencies or non-governmental agencies providing such assistance; (b) is informed of the availability of legal, health and social services and other relevant assistance and is readily afforded access to them; (c) is admitted to a 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 if necessary formal education or access to micro credit facilities. (3) Any rule or regulation made by any institution or organization prohibiting or restraining the reporting of offences or the making of complaints through the channels provided for in this Law by persons under the authority of such institution or organization is inconsistent with this Law and shall, to the extent of the inconsistency, be void. (4) No victim of any offence under this Law shall be expelled, disengaged or suspended from, or punished in any form whatsoever by, any institution or organization by reason of the fact of his or her having taken any action in compliance with the provisions of this Law. (5) Any head of institution or organization who acts in violation of the provisions of subsection (4) of this Section commits an offence and is liable on conviction to a term of 6 months imprisonment or to a fine not exceeding N200,000.00 or both.

42. Attendance at Court proceedings. (1) No person may be present during any proceedings under this Law except: (a) Officers of the Court; (b) the victim and the respondent; (c) any person bringing an application on behalf of the victim under Section 33(4); (d) any legal practitioner representing any party to the proceedings; (e) accredited service provider; (f) witnesses; (g) not more than 3 persons for the purpose of providing support to the victim; (h) not more than 3 persons for the purpose of providing support to the respondent; and (i) any other person who the Court permits to be present provided that the Court may, if it is satisfied that it is in the interest of justice, exclude any person from attending any part of the proceedings. (2) Nothing in this section limits any other powers of the Court to hear proceedings in camera or to exclude any person from attending such proceedings.

43. Prohibition of publication of certain information. (1) No person shall publish in any manner any information which might directly or indirectly, reveal the identity of any party to the proceedings. (2) The Court, if satisfied that it is in the interest of justice, may direct that any further information relating to proceedings held under this Law shall not be published: Provided that no direction under this subsection applies in respect of the publication of a bona fide 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) A person who contravenes the provisions of subsection (1) of this Section commits an offence and is liable on conviction to a term of 1 year imprisonment or to a fine not exceeding N200,000.00 or both.

44. Registration. (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 provision of legal aid, medical, financial or other assistance, shall be registered with the State Ministry in charge of social welfare matters as an accredited service provider for the purposes of this Law. (2) The Commissioner responsible for social welfare matters in the State shall: (a) keep a register of all accredited service providers; (b) draw up guidelines for the operation of accredited service providers; (c) furnish the Attorney-General with registration details of all accredited service providers at the commencement of this Law, and update the Register of service providers at the end of each quarter of every year. (3) The Attorney-General shall keep a copy of the register of all accredited service providers and circulate copies of same to the courts in the State, to Protection Officers appointed under section 45 (1) of this Law and to all police stations within the State through the State Commissioner of Police. (4) A service provider so registered under subsection (1) of this Section shall have the power to: (a) receive reports of incidents of violence and record same; (b) forward a copy of such reports to a magistrate and the protection officer having jurisdiction in the area where the violence took place; (c) get the victim medically examined and forward a copy of the medical report to the protection officer and the police station within the locality where the act of violence took place; (d) ensure that the victim is provided shelter in a shelter home, if he or she so requires and forward a report of the lodging of the victim in the shelter home to the Police station within the locality where the violence took place. (5) 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 Law, for anything which is in good faith done or intended to be done in the exercise of powers or discharge of functions under this Law towards the prevention of the commission of violence.

45. Protection Officers. (1) The Commissioner responsible for social welfare matters shall appoint such number of Protection Officers in each Local Government Area of the State as he or she may consider necessary to assist the Court in the discharge of its duties under this Law and to coordinate the activities of the accredited service providers in the Local Government Area with a view to ensuring that victims of violence: (a) have easy access to accredited service providers; (b) have 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) are able to collect their belongings or properties from a shared household or his or her residence, if the victim so requires; (d) are able to access the Court for orders under this Law; or (e) have access to every possible assistance in the service of an interim protection order on the respondent, and the enforcement of any order that may have been made by the Court under this Law. (2) The Protection Officer may, upon the failure of the respondent to make payment ordered by the Court under this Law, direct any employer or 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 to or 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.

46. Coordinator of response strategy to certain cases of violence. (1) The Attorney-General shall appoint a person as the Coordinator to be responsible for ensuring the provision of effective, comprehensive and coordinated response to cases of domestic and sexual violence in the State. (2) The Coordinator shall prepare a detailed record of cases of domestic and sexual violence reported each year in the State and deposit a copy of same with the Department of Statistics in the State.

47. Dangerous sex Offenders. A Court may declare a person who has been convicted of a sexual offence a dangerous sex Offender if such person has: (a) more than one conviction for a sexual offence; (b) been convicted of a sexual offence which was jointly committed; or (c) been convicted of a sexual offence against a child.

48. Child Offenders. Notwithstanding the provisions of this Law relating to punishment for offences and the powers and duties of the Police with respect to incidents of violence, where a person reasonably suspected to have committed an offence under this Law is below the age of 18 years, he or she shall be apprehended and tried in accordance with the principles of child justice.

49. Compensation for Victims. Without prejudice to specific provisions relating to the award of compensation to a victim under this Law, the Court may in its discretion award appropriate compensation to any victim of violence as it may deem necessary in the circumstances of the case.

50. Supervisory Authority. The Attorney-General shall have the power to administer the provisions of this Law.

51. Savings, Transitional Provisions and Supersession. (1) Without prejudice to the provisions of this Law, proceedings instituted before the commencement of this Law under the provisions of the Criminal Code Law or any other law or regulation with respect to an act of violence as defined by this Law, shall be continued with until disposed of, in line with the provisions of the said law or regulation. (2) Any provision in this Law as from the commencement of this Law shall supersede any other provision on similar offences in the Criminal Code Law of the State and any other existing law.