HUMAN TRAFFICKING : NAPTIP VAPP ACT

There is this popular saying that " Without Law There is No Sin", that is why life coaching lab is bringing the law and punishme...

There is this popular saying that "Without Law There is No Sin", that is why life coaching lab is bringing the law and punishment relating  human trafficking called Violence Against Persons (Prohibition) Act.

WHAT DOES THE VAPP ENTAIL?

1.0 The Violence Against Persons (Prohibition) Act 2015 was signed into law on 23rd May, 2015.

1.1 NAPTIP was mandated to administer the provisions of the Act, by virtue of Section 44 of the Act. The main thrust of the law is to eliminate violence in private and public life, prohibit all forms of violence against persons to provide maximum protection and effective remedies for victims and punishment of offenders and for other related matters.

 NAPTIP being the body charged with the responsibility of administering the Act shall collaborate with relevant stakeholders and faith based organisations.

 Jurisdiction – Only the High Court of the FCT, Abuja has the sole jurisdiction to hear and grant any application brought under the Act by virtue of Section 27 of the Act.

 Rights of victims or violence are safeguarded under Section 38 of the Act in addition to the rights guaranteed under Chapter IV of the 1999 Constitution as amended.

 These rights include the right to receive necessary materials, comprehensive medical, psychological, social and legal assistance through governmental Agencies or non-governmental agencies providing such assistance

 Section 47 of the Act clearly stipulates that the Act applies only in the FCT.

 Section 45 of the Act makes consequential amendments to the Criminal Code, Penal Code and Criminal Procedure Code to the effect that any provision of the Act shall supersede any other provision on similar offences in the Criminal Code, Penal Code and Criminal Procedure Code.

HOW DOES NAPTIP IMPLEMENT THE VAPP ACT?

2.0 NAPTIP implements the VAPP Act through the coordination of its multi-disciplinary departments. The Investigation Department, the Legal & Prosecution Department, the Counselling & Rehabilitation Department and the Public Enlightenment Departments are pivotal to the implementation of the Act.

The Act strengthens collaboration between Government Agencies and gives room for synergy between them. This can be adduced from the multi-functional structure of the Act which essentially confers responsibilities on NAPTIP, the Police, relevant Ministries and Civil Based Organisations

The Investigation Department conducts investigations on the reported cases and where necessary effects the necessary arrest of offenders under the Act.

2.1 The investigated cases are then forwarded to the Legal & Prosecution Department which proffers legal opinions in deserving cases and where necessary Charges are preferred against the suspect in Court, from where the process of prosecution continues and ends.

2.2 On the part of the Counselling & Rehabilitation Department, they are saddled with the responsibility of receiving victims of violence when they are rescued from their violators.

i. They are the first personnel of the Agency that come in contact with the victim’s whenever a case of violence is reported or transferred to the Agency.

ii. The Department also ensures that the victims are well catered for in the Agency’s Shelter from where they are counselled periodically and or empowered with vocational skills which enables them to be re-integrated into the society as functional members.

iii. The Re-union of these victim’s with their families is also undertaken by the Counselling & Rehabilitation Department.

2.3 The Public Enlightenment

Department ensures that the populace are aware of the ills and dangers of crimes relating to Violence Against Persons.

– They enlighten the masses on how to seek redress for the violence unleashed on them by their assailants by reporting promptly to NAPTIP.

3.0 WHAT ARE THE PENALTIES UNDER THE VAPP ACT?

3.1 a. RAPE – LIFE IMPRISONMENT

– Where offender is less than 14 years -: 14 years imprisonment.

– In all other cases -: To a minimum of 12 years imprisonment without an option of fine.

b. RAPE BY A GROUP OF PERSONS -:

Offenders are liable jointly to a minimum of 20 years imprisonment without an option of fine.

3.2 WILFULLY CAUSING OR INFLICTING PHYSICAL INJURY-: Imprisonment for a term of years not exceeding 5 years or a fine not exceeding N100,000.00 or both.

3.3 ATTEMPT TO COMMIT ACTS OF VIOLENCE-: Imprisonment for a term of years not exceeding 3 years or to a fine not exceeding N200,000.00 or both.

3.4 INCITING, AIDING OR COUNSELLING ANOTHER PERSONS TO COMMIT ACTS OF VIOLENCE-:Imprisonment not exceeding 3 years or to a fine not exceeding N200,000.00 or both.

3.5 RECEIVING OR ASSISTING ANOTHER IN COMMITTING AN OFFENCE OF VIOLENCE-:A term of imprisonment not exceeding 3 years or a fine not exceeding N200,000.00 or both.

3.6 COERCING ANOTHER TO ENGAGE IN ACTS DETRIMENTAL TO THE OTHER PERSON’S PHYSICAL OR PSYCHOLOGICAL WELL BEING-: 3 years imprisonment.

3.7 WILFULLY PLACING A PERSON IN FEAR OF PHYSICAL INJURY-: 2 years imprisonment or to a fine not exceeding N200,000.00 or both.

3.8 COMPELLING ANOTHER BY FORCE OR THREAT TO ENGAGE IN ANY CONDUCT OR ACT, SEXUAL OR OTHERWISE TO THE DETRIMENT OF THE VICTIM’S PHYSICAL OR PSYCHOLOGICAL WELL BEING-: Imprisonment not exceeding 2 years or to a fine not exceeding N500,000.00 or both.

3.9 PERFORMANCE OF FEMALE CIRCUMCISION/GENITAL MUTILATION-: A term of imprisonment not exceeding 4 years or a fine not exceeding N200,000.00 or both.

3.10 FRUSTRATING INVESTIGATION-: Imprisonment not exceeding 3 years or to a fine not exceeding N500,000.00 or both.

3.11 WILFULLY MAKING FALSE STATEMENTS IN ANY JUDICIAL PROCEEDING UNDER THE ACT-: A fine of N200,000.00 or a term of imprisonment not exceeding 12 months.

3.12 FORCEFUL EJECTION FROM HOME -: Imprisonment not exceeding 2 years or to a fine not exceeding N300,000.00 or both.

3.13 DEPRIVING A PERSON OF HIS/HER LIBERTY –: Imprisonment not exceeding 2 years or to a fine not exceeding N500,000.00 or both.

3.14 DAMAGE TO PROPERTY WITH INTENT TO CAUSE DISTRESS –: 2 years Imprisonment or to a fine not exceeding N300,000.00 or both.

3.15 FORCED FINANCIAL DEPENDENCE OR ECONOMIC ABUSE –: Imprisonment not exceeding 2 years or to a fine not exceeding N500,000.00 or both.

3.16 FORCED ISOLATION OR SEPARATION FROM FAMILY AND FRIENDS-: Imprisonment not exceeding 6 months or a fine not exceeding N100,000.00 or both.

3.17 EMOTIONAL, VERBAL AND PSYCHOLOGICAL ABUSE –: Imprisonment not exceeding 1 year or to a fine not exceeding N200,000.00 or both.

3.18 HARMFUL WIDOWHOOD PRACTICES –: Imprisonment not exceeding 2 years or a fine not exceeding N500,000.00 or both.

3.19 ABANDONMENT OF SPOUSE, CHILDREN OR OTHER DEPENDANTS WITHOUT SUSTENANCE –: Imprisonment not exceeding 3 years or a fine not exceeding N500,000.00 or both.

3.20 STALKING –: Imprisonment not exceeding 2 years.

4.0 INTIMIDATION –: Imprisonment not exceeding 1 year or a fine not exceeding N200,000.00 or both.

4.1 SPOUSAL BATTERY–: Imprisonment not exceeding 3 years or a fine not exceeding N200,000.00 or both.

4.2 HARMFUL TRADITIONAL PRACTICES –: Imprisonment for a term not exceeding 4 years or a fine not exceeding N500,000.00.

4.3 VIOLENCE BY STATE ACTORS –: Imprisonment not exceeding 4 years or a fine not exceeding N1,000.00 or both.

4.4 POLITICAL VIOLENCE –: Imprisonment not exceeding 4 years or a fine of N500,000.00 or both.

4.5 INCEST –: 10 years imprisonment without an option of fine.

5.0 DOES NAPTIP Collaborate with other Government Agencies?
Yes these Agencies/bodies include:

i. Federal Ministry of Justice
ii. The Nigeria Police Force
iii. Nigeria Security and Civil Defence Corps
iv. Legal Aid Council of Nigeria
v. FCT Social Development Secretariat
vi. National Women Development Centre
vii. National Orientation Agency (NOA)
viii. Federal Ministry of Information
ix. Federal Ministry of Education
x. Federal Ministry of Women Affairs & Social Development
xi. Federal Ministry of Health
xii. Civil Society Organization (CSOs)
xiii. Faith Based Organizations (FBOs)
xiv. Nigeria Bar Association

6.0 In implementing the VAPP Act how many cases and convictions has the Agency recorded

6.1 In implementing the VAPP Act the Agency presently has about 20 cases pending in various Courts within the FCT and has so far secured 3 convictions.

7.0 What constitutes Violence Against Persons?

7.1 Acts that constitute Violence against Persons have been outlined in paragraphs 3-4 above.

8.0 A word to the public on Violence Against Persons:

“Gone are the days of degradation of the dignity of the human person.

Human beings must be liberated from the shackles of abusers, rapists and harmful practices perpetrated by adherents of repugnant customs.

All are enjoined to collaborate with NAPTIP in this campaign by promptly reporting these inhuman and debasing crimes against the human Person”

SOURCE : NAPTIP