Human rights lawyer, Femi Falana (SAN), has called for the amendment of the Ekiti State gender-based violence law, 2019.
Falana said there were gaps 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 sections 1 and 8 of the law.
He identified gaps in sections 1 and 8 of the Ekiti State Gender-based Violence Law, 2019, and consequently advocates an amendment to the law.
While the lacuna identified in Section 1 has to do with dress code; that of Section 8 is about reference to the law as an Act.
Falana urged the Assembly to carefully review the law, identify the gaps and set the machinery in motion for its amendment to meet up with current global human rights standards in relation to gender and s-xual rights.
He made the case in a letter dated October 8, titled ‘Lacuna in the Ekiti State Gender-based Violence Law, 2019 and the need for amendment’, signed by Taiwo Omidoyin and addressed to the Speaker of Ekiti State House of Assembly, Funminiyi Afuye.
According to the letter, the provision of “imposition of dress codes under any guise” as a component of gender-based violence is overstretched and overreaching, particularly the phrase “under any guise”.
He said, “Defining violence against women to include imposition of dress codes ‘under any guise’ is too extensive.”
Falana, who said Section 45 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) provided for restrictions and derogations on matters of fundamental rights, said, “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.”
“The freedom to dress freely to one’s taste and desire truly aligns with the right to personal liberty, the 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 to 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 a hole in section 8 of the law, wherein the law was referred to as” this Act”.
He said,”The Nigerian legal system has a 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, a 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 becomes 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”.
He urged the State House of Assembly to carefully review the law, identify the gaps and set the machinery in motion for its amendment to meet up with current global human rights standards in relation to gender and s-xual rights.
