Falana Faults Ekiti Gender Based Violence Law |The Source

By Ayodele Oni

Mr Femi Falana, SAN, has written to the Ekiti State House of Assembly over what he called some anomalies in the Ekiti state Gender Based Violence Law, and called for amendment.

According him, there were gaps and lacunae in the law, which must be corrected.

Falana, in a letter through his Falana & Falana’s Chambers, addressed to the office of the Speaker, Ekiti State House of Assembly, identified the gaps in the sections 1 and 8 of the law.

Titled “Lacunae in the Ekiti state gender based violence law, 2019 and the need for amendment”, the letter was signed by Taiwo Omidoyin and was made available to Journalists in Ado Ekiti.

It states “Section 1 of the Law, the definition section, has succinctly defined the concepts of gender based violence, sexual assault, and violence against women. Section 1(4) of the law particularly provides for what constitutes violence against women.

“Imposition of dress codes under any guise” as a component of gender – based violence is overstretched and overreaching, particularly the phrase “under any guise”.

” Even constitutionally, section 45 of the Constitution of the Federal Republic of Nigeria, 1999 (As amended) provides for restrictions and derogations on matters of fundamental rights, which by implication means that inallienable right are not absolute, they are with limitations and exceptions.

“Therefore, defining violence against women to include imposition of dress codes ‘under any guise’ is too extensive.

“The freedom to dress freely to one’s taste and desire truly aligns with the right to personal liberty, right to freedom from discrimination, yet these rights are with limitations.

“Therefore, categorising imposition of dress codes under any guise as violence against women without giving room for derogations and restrictions is making a caricature of the said provision.

“There is therefore the need for the amendment of this particular provision and expunge the said Section 1(14) (ii) (u) of the law for being too overreaching, sweeping contrary to human rights limitations and open to abuse”.

Falana also picked hole in the section 8 of the law, wherein the law was referred to as this “Act.”

“The Nigerian legal system has hierarchy of laws within the legal order wherein Acts and legislations made by the National Assembly of the federation whereas Laws are legislations made by the State House of Assembly, therefore, reference to “Acts”in the provisions of the Gender Based Violence Law of Ekiti is a misnomer and requires an amendment.

“As trivial as the error could be, it has fundamental legal effects. Literally , the entire Section 8 of the Law become ambiguous, misleading, absurd and perhaps of no direct relevance to the Gender Based Violence Law of Ekiti State. An urgent amendment in this regard is therefore inevitable.”