Lagos criminal law: Abandon a pregnant woman, go to jail!, Lagos Govt to enforce law against errant ‘lover boys’


Lagos state has a new criminal law to regulate criminal conduct within the Lagos society. The law is revolutionary and some say “strange”. Strange in the sense that it contains provisions that represent a radical departure from the old Criminal Code Cap 17 Laws of Lagos State of Nigeria. The name sounds less frightening as people can relate better with the word “law” than “code” The state Attorney-General and Commissioner for Justice, Mr Ade Ipaye in an interview with National Mirror said that the new law repeals the criminal code law 2003 which was first introduced to southern Nigeria in 1914 by the British Colonial government to reflect mainly the values of the colonial masters.

To him, this reform therefore is the first of its kind in Southern Nigeria. Although the law has different sections, it rises stoutly in the defence of women and children in the society. Section 276 for instance, makes it a criminal offence for a man to desert a woman he impregnates. Furthermore, intimate offences including those against the child were brought together under Chapter 25. Also included in the chapter are offences which under the Criminal Code are categorised as offences against morality and unnatural offences. New intimate offences were created to expand the protection of the law.

These are: (a) intimate assault by penetration (Section 259) - this differs from violation in that it covers all forms of intimate assault which entails non-penile penetration of the womanliness, violation having been limited to its traditional understanding of penile penetration of the womanliness; and (b) intimate assault (Section 261) - this replaces the offence of indecent assault. The new law comes against the back drop of violence against women which has become very rampant in the society. Tola Rotimi, Director, Office of the Public Defender (OPD), in an interview with National Mirror in January this year said that the incident of violation cases in the state had reached an epidemic degree. She said :” We have discovered that violation is rampant in all these face-me-I-face-you apartment, especially in high density areas.

In such areas you would often find a woman leaving her girl child in care of another neighbour who would turn out to be the defiler of that particular child. It has become epidemic, in this office we treat intimate abuses or related cases of nothing less than ten in a day, you can now imagine the other units too, so all added together, we are talking of about 20- 25 intimate abuse cases in a day.

That is on the high side”. Francis Famoroti, a lawyer and Deputy Head, Judiciary desk, National Mirror believes that proving violation cases in court is usually a hard task for lawyers. “There must be evidence of penile penetration which must be total and complete. Besides, an examination that must be conducted by a qualified medical doctor, it must be proved that there is actual spermatozoa discharge into the womanliness before a violation case could be said to have taken place” This may explain why most cases are inconclusive in court.

Could this then be why the intimate abuse law was split into two viz: intimate assault (section 261), and intimate assault by penetration? Another lawyer, Jiti Ogunye believes that the new laws will make it easier to prove intimate assault, while proving intimate abuse by penetration could still be difficult. “ It means that even if an offender escapes conviction on intimate abuse by penetration, he may not escape being punished for intimate assault”. However, the law that has generated heated debate among lawyers and non lawyers alike is section 276 which makes it a criminal offence for a man to abandon or desert a woman he impregnates.

Although details of the law still remain sketchy, it has drawn flaks from people who believe relationships are moral issues that cannot be criminalised. In her view, the Executive Director, Women Advocate Research and Documentation Centre, Ms. Abiola Afolabi- Akiyode, said the law was a misnomer despite the fact that its sponsor might have had good intentions. She added that it has the potential for adverse consequences that would rubbish the good intention. She said: “I know the intention behind this law is apparently to checkmate irresponsible behaviour on the part of those who would like to take advantage of young women. But I don’t see a good piece of legislation. I have not got a copy of the law to study it in detail, but to the extent of the reported essence of the law, I can say it won’t work.

As a matter of fact it will create more problems than it will solve. Criminalisation of such thing would lead to a situation where people would impregnate women and run away with a view to avoid prosecution. Thus it will even promote the very thing it is trying to curb; the law is certainly one that ought not to have been made.” In a similar vein, the Chairman of the Ikeja branch of the Nigerian Bar Association, Mr. Adebamigbe Omole said “I know the intention is to protect pregnant women against desertion and by extension, protect the family life. But there are times people go into relationship with the agreement that this relationships is meant for mere friendship, although I do not encourage that.

But what if in the course of such mere friendship, pregnancy comes in and the two parties have realised that they are not compatible? “There is no way you can force unwilling people to go and marry just because there is pregnancy. I know that those behind the law have good intentions. But when you make a law you have to look at the workability of the law. I don’t know how you are going to force a man who is not ready to marry a woman to marry her. Marriage relationship is a contract and you cannot foist relationships on people.

Nobody should be forced to enter into agreement that will not be beneficial to him. In law, we say a contract or agreement is a matter of consensus ad idem” In his own view, the Executive Director of Advocacy for Democratic Dividend International, Chief Sola Ojeriakhi, condemned the criminalisation of abandonment of pregnant women on the grounds that the law does not take a critical look at the socio-cultural problems in Nigeria. Ojeriakhi said “There are certain issues which should belong to the moral parlance brought under the criminal law. We cannot criminalise everything we frown upon in the society.

We should leave certain areas of social behaviours to home and parental control. “ The issue of impregnation and desertion is a moral issue and we should employ the institutions like churches and mosques to educate and orientate our young ones on the right cause of action to take rather than throwing young people into jail for moral laxity. “I think there should be some re-thinking on this law”.

However, Ipaye, giving a general overview of the new criminal laws, believes that the state will be better off. He pointed to new features like suspended sentence, and community work as examples. He said: “The Law is a departure from old Criminal Code Law that only focused on imposition of custodial sentence and fines on the offenders. The Law now pro- I KNOW THE INTENTION BEHIND THIS LAW IS APPARENTLY TO CHECKMATE IRRESPONSIBLE BEHAVIOUR ON THE PART OF THOSE WHO WOULD LIKE TO TAKE ADVANTAGE OF YOUNG WOMEN An attorney passed on and found himself in heaven, but not at all happy with his accommodations.

He complained to St. Peter, who told him that his only recourse was to appeal his assignment. The attorney immediately advised that he intended to appeal, but was then told that he would be waiting at least three years before his appeal could be heard. The attorney protested that a three year wait was unconscionable, but his words fell on deaf ears. The lawyer was then approached by the devil, who told him that he would be able to arrange an appeal to be heard in a few days, if the attorney was willing to change venue to Hell.

When the attorney asked why appeals could be heard so much sooner in Hell, he was told, “We have all of the judges.” vides for other forms of punishment which include compensation, restitution, community service orders and probation; Under this new Law, the Court may in addition to or in lieu of custodial sentence impose a non- custodial sentence like community service order.

This creates an opportunity for those convicted of minor offences to be useful to the society by engaging in acts like sweeping the streets; Another reason for change is that the old Criminal Code Law had become inadequate to address the challenges of contemporary criminality. Besides, the use of more contemporary language was adopted eliminating legal jargon, archaic language and drafting styles to make the law more user-friendly. Several sections of the Code that were found to be convoluted were redrafted and broken down into sub-sections for simplicity and clarity.

As the law comes into practice, time will determine its workability and acceptability. However, if the experience of the state on the reforms on the administration of Justice is anything to go by, the entire country may have to take a clue from the state again.

In 2001, the state increased the renumeration of judicial officers with 300 per cent. For months, this generated controversy with many questioning the intention of the state. Within a year, other states and even the Federal government implemented the Lagos reforms. Lagos may just have blazed the trail again.
 

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So it's not clear what the new law says exactly. I agree in making the man carry his financial responsibility but you cannot force two people to marry or go to jail

Don't see how this law will actually work, Yes it's only right the father of the child pays towards the upkeep of the child, but forcing marriage or sending them to jail is insane, Too many unanswered questions, Do they wait and do d.n.a when the child is born or send the guy to prison first,

Once again, like many other initiatives, putting the cart before the horse. Where is the infrastructure to facilitate these bills.

Rubbish 

Guys, this is very simple, sheath your sword, put ur pe, s in its right place, but if you mistakenly refuse to, then you can leave lagos to Borno state when the deed is done? what does the new law say about that

Okay so how does the runaway guy that gets imprisoned help the situtation.
Will he now help in Prison?
Stop doing copy copy. Face Lagos road repairs.
This is the least of the problems in Lagos

phuck_NL:

Okay so how does the runaway guy that gets imprisoned help the situtation.
Will he now help in Prison?
Stop doing copy copy. Face Lagos road repairs.
This is the least of the problems in Lagos

Abandoning children is not as important as the roads in Lagos abi. Nigeria will never get anywhere until Nigerians start putting some value on it's citizens. Things will never change until we start to recognize the value in each other. Especially women and children

How hard is it for Nigerians to actually read through a law or anything and seek to understand it for themselves? The law never said anything about marriage its simple, if 2 pple chose to be careless about sex and a baby is concieved one person should not be left with the sole responsibility. Its not about the woman but d best interest of d child, if as a man u don't cover ur stick then prepare to take responsibility, the childs accomodation, feeding , antenantal school fees, your name must be on d birth certificate so d child has bothe father and mother, if you won't use ur brain and buy a 20 Naira condom then from the moment the child is concieved till the child is 18 you are both gonna have to pay bills. Simple no one is forcing abyone to marry but if you concieve a child stick around and be responsible or go to jail. So all u guys who like skin to skin and who sleep with ur housemaids get them preggy and through them out ur market don close

Gbam

We're heading back to the stone ages, I see.

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Madcow:

Rubbish 

Indeed!!!

Madam CC there is nothing unworkable or fullstop about this issue. All these married women who will tolerate there husbands cheating ways and blame d other woman for getting pregnant while they make der husbands turn their backs on d innocent baby una market don close, teach ur careless husbands and sons to cover their stick chikena, if u re gonna stay with a cheating man then be ready to accept plenty children, dat era don pass. Silly comment, roads are better dan the welfare of children or d many children dat are killed by abortion because ur sons and husbands abandon the woman to care alone for d child, Fashola carry on jare. Bloody hypocrites

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If any idiot is too poor to raise a baby then he should beg for N20 and buy 3 condoms, common sense how some pple reason baffles me so if d man is too poor and abadons an equally poor girl to hawk pure water with all d discomforts of preganacy so she can take care of a baby they both re responsible for. Pills are not 100 percent safe use ur brain use a condom if not, its high time men become responsible for their fooloshness no more excuses and blaming it on d woman

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Yes oh Madam perfect CC I ve deep rooted issues, I have never denied dat, maybe because of my issues I am able to understand better not to tell a woman being abused dat its somehow her fault yet turn around and tell a man whose wife abuses him to abuse her back. Because of my deep rooted issues I sympatise with women and girls who have to bear d soul responsiblity of child raising I am able to see that its unfair for girls to drop out of school to care for a child while d man bares no responsibilityfor his actions. Well perfect pple like you with no issues find women with deep rooted issues responsible for every irresponsible action from men. After all its a mans world you will say and you just fit perfectly into while we with our issues are misfits.

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The super dumb and super hyped Fashola and his dumb house are at it again. If they had any sense they would propose a child support law where a man is forced by law to contribute to the upkeep of his child and not a law against deserting a pregnant scrobo.

Madam seeing that you live ur perfect live and spend all your perfect time on Nairaland and I don't ve dat luxury let's not derail dis thread anylonger, I support the law cos it protects the child and woman who re usually victims of irresponsible mens actions, you don't cos it means a man will have to be responsible for his actions and if he is not he goes to jail and God forbid that any man is ever held responsible for his actions, after all a woman a responsible for every thing in d world and should bare whatever comes here way graciously and perfectly like u do. Chikena, case slosed, we understand each other odabo

9ice law!

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Na wa oh, easy oh, cos I disagree with u doesn't make me mental, I can see someone who has a thing for always being right. Anyway good for you, enuf of d derailing, you can take cheap shots at me, I brought my life to the public real life no sugar coating, I was abused mentally, verbally and physically, I survived it and am alive and working everyday to overcome my shortcomings, I don't deny that and I am proud that that part of my life has become a story, however there are people still living in dat nightmare and I will do dem a disservice if I hide mu head in sand and pretend like I don't understand what it feels like, if taking cheap shot at a not so perfect life which I have shared publiclly makes u feel better enjoy ur day my dear. Don't ve words for you. I support d law cos it supports women and children who have to deal with the consequencies of actions from irresponsible men. That's all der is to this thread. My last word on this and knowing u who has a "thing" for proving u re right and having d last word I expect u to conitnue. Ve fun, u need it.

This law is very impracticable, to say the least. Mode of enforcement? Police? Arrest? "Na me send am open nyash?!!! If na me now she go dey do shakara, she don carry nyash go give another pesin. Abeg, make I collect 4K from the papa hand. E go ge me na, abe no be the same money e go use buy cerelac and bonvita. If e check how much scu fees be sef, da won don do am ge me the 4k."

Anytime I disagree with you CC the first thinh you do is attack my past as if I did something I should be ashamed of. Let it go already I know my past everyone here does, it doesn't conform to ur stay and die standard, give it a rest find something else abeg, on some issues I will agree with you like how to treat in laws on some I will not agree with you such as issues of abuse adultery and making the woman carry the whole burden of 2 pples actions, its nothing personal, my past is my past its not my life now, its something I ve gone tru and am dealing with am not and will never be ashamed, I will be ashamed if I had stayed and kept throwing pity parties, make up and return to staus quo but I didn't get over it. If you can't see past d fact dat am a divorcee and remarried then too bad for you.

I don't know why anyone will kick against such a law. Why should the governement foot the bill for irresponsible parents. I am so over the whole give them contraceptives thing. In this day and age why should people not try to educate themselves on certain things. Even if you live under a rock in a remote village you should understand the basic things like have sex means more children and you might not be able to cater for them. They should be held responsible period. the fact that they have a brain is enough reason to hold them accountible. Threaten them with jail time and see how more people will take things seriously. Necessity is the mother of invention. They will figure out a way to stop having children if they know that they will have to for the rest of their lives have to cough up money and time to raise that child

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hmmmmm

I sincerly apologise for the husband and son comments, It was in bad taste. Please go tru most of d responses u ve made to me when u disagree with my views, its either I am bitter or I am not over my past etc. I guess my past experience makes me have a very weak spot for vulnerable women. Didn't mean to personally attack you what I see a lot of cases where women help throw out girls pregnanted by their husbands and sons, weak helpless girls househelps who are vulnerable cos dey are scared of losing their jobs and so are forced to sleep with the ogas or ogas kids, cos if dey tell madam they loose their jobs. It was not meant to be directed at you. Over the years I faced a lot of sterotype and judgement cos of my decision, I had to learn to be strong and tough I was weak and meek and pple took advantage of dat so some times I could come of as rude and loud and I apologise for dat. However, I shared my story here no one forced me, I could ve come and pretended to be in a perfect place with a perfect life I didn't, I am not ashamed of my decision and I only wish I had left sooner, no need to flog a dead horse