Barrister Emem Ette, the Secretary of the Gender Based Violence Management Committee in Akwa Ibom State, has highlighted the need for specialized courts and additional judges to handle cases of Sexual and Gender Based Violence (SGBV) for prompt trials and justice delivery, amidst the increasing reports of SGBV in Nigeria, specifically in Akwa Ibom State.
In an interview with NewsNow, she shared some of the accomplishments of the Committee since its inception, as well as the challenges encountered. She also provided recommendations for reducing SGBV incidents in the state. Read on for insights from the interview:
Q: How has the Committee responded to SGBV issues since its establishment?
At the onset, we identified the need for a law to address cases like same-sex rape, which were not covered by existing laws in Akwa Ibom State. Consequently, in 2020, the state passed the Violence Against Persons (Prohibition) Law, empowering the Committee to address such cases. Since its establishment in 2021, the Committee, through the Sexual and Gender Based Violence Response Department in the Ministry of Justice, has handled a total of 1,467 SGBV cases.
These cases include 401 rape incidents, 118 attempted rapes, 53 harmful widowhood practices, 65 cases of abandonment of dependents, among others. Additionally, efforts have been made towards rehabilitation, with approximately 350 survivors receiving shelter and skill acquisition training in our GBV shelter.
We aim to introduce a witness protection scheme to safeguard individuals facing threats and provide necessary support.
Q: Spousal battery cases top the list, with over 500 reported incidents. How many convictions has the Committee achieved?
While we have successfully obtained 53 convictions for rape cases, we have not secured any convictions for spousal battery. Our approach to spousal battery cases emphasizes correction, restoration, and rehabilitation, especially for preserving relationships, particularly when children are involved. Our trained lawyers focus on mediation, negotiation, and alternative dispute resolution to address such cases effectively.
The path to conviction requires substantial evidence and credible witnesses, with a high standard of proof necessary in criminal proceedings.
Q: Has the Committee handled any Female Genital Mutilation (FGM) cases?
As of now, there have been no reported FGM cases registered with the Committee. We encourage individuals to report such incidents as FGM is a criminal offense punishable by law, and the state is committed to prosecuting offenders.
Q: Are high-profile individuals targeted by the Committee, or is the focus mainly on the less privileged?
Our mandate extends to all, regardless of social status. The commitment to prosecute offenders, irrespective of their background, remains unwavering. The judiciary operates on evidence and upholds impartiality in its proceedings.
We welcome cases involving prominent figures as they serve as examples and reinforce the principle that the law applies equally to all.
Q: What challenges does the Committee encounter in fulfilling its mandate?
One of our main challenges is the lack of expertise among law enforcement personnel and first responders in handling GBV cases adequately. Retraumatizing victims due to inexperienced handling can lead to case withdrawals and reluctance to pursue legal action. Training programs are crucial to address this issue.
Furthermore, victims’ unwillingness to proceed with cases due to threats, lack of witness protection, and delays in justice delivery pose significant obstacles. A shortage of judges results in prolonged court procedures, affecting victim engagement and interest in seeking justice.
Addressing funding issues for law enforcement agencies and establishing specialized courts for GBV cases are essential steps towards enhancing the effectiveness of our efforts in combating SGBV.
Arrest hindrance can result in victims bearing the arrest costs, potentially leading to a loss of interest in pursuing cases further. It is crucial for officers to have response vehicles available, enabling them to promptly attend to calls, even during late hours like 1:00 am or 3:00 am.
The settlement of rape cases by village leaders and certain law enforcement officials poses a significant challenge. Instances have been reported where village heads prohibited police intervention in their communities. Additionally, there are concerns about Investigating Police Officers advising rape victims to settle outside of court. This practice is discouraged as it could embolden perpetrators to continue their crimes, underscoring the importance of reporting incidents for prosecution.
Ensuring that perpetrators face consequences is paramount, as releasing them could lead to repeated offenses. An alarming case involved a perpetrator who, after being granted bail, proceeded to assault a five-year-old girl within two weeks.
“What is the boundary between culture and the law concerning the high cases of incest in the state?”
Culturally, incest is not acceptable, and any custom contradicting natural justice, fairness, and good morals is deemed invalid by the law. Laws have been enacted to discourage such practices, and those who persist could face legal action. Efforts are being made to instate local laws in villages where beneficial traditions can be revived to address and resolve conflicts effectively, hence reducing the strain on the judicial system.
Conversely, practices like public shaming by stripping, charcoal rubbing, and bell tethering are considered repugnant and violate individuals’ fundamental rights, hence unacceptable.
In cases of incest, the law provides for a ten-year jail term due to the severe consequences such acts can have, not only on the victims but also on the society as a whole.
“How can Gender-Based Violence (GBV) issues in the state be addressed?”
Enhanced training for medical and law enforcement personnel on evidence collection and SGBV reporting is crucial. Empowering victims through skill acquisition programs, continuous awareness campaigns against GBV, and the establishment of more Sexual Assault Referral Centers equipped with adept counselors are essential steps. Furthermore, the implementation of specialized courts and the appointment of judges dedicated to handling GBV cases can significantly contribute to addressing these challenges.