Africa Press-Nigeria:<\/p>\n
Lagos lawyer, Mr Femi Falana (SAN), has called for the amendment of the Ekiti State gender-based violence law, 2019.<\/p>\n
The right activist said there were gaps in the law, which must be corrected.<\/p>\n
Falana in a letter through his Falana & Falana\u2019s Chambers, addressed to the office of the Speaker, Ekiti State House of Assembly identified the gaps in sections 1 and 8 of the law.<\/p>\n
The letter entitled \u201cLacunae in the Ekiti State gender-based violence law, 2019 and the need for amendment\u201d and signed by Taiwo Omidoyin was made available to journalists in Ado Ekiti.<\/p>\n
The letter reads: \u201cSection 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.<\/p>\n
He pointed out that the provision of \u201cimposition of dress codes under any guise\u201d as a component of gender-based violence is overstretched and overreaching, particularly the phrase \u201cunder any guise\u201d.<\/p>\n
\u201cEven 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 inalienable right is not absolute, they are with limitations and exceptions. Therefore defining violence against women to include imposition of dress codes \u2018under any guise\u2019 is too extensive.<\/p>\n
\u201cThe freedom to dress freely to one\u2019s 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 \u201d imposition of dress codes under any guise\u201d as violence against women without giving room for derogations and restrictions is making a caricature of the said provision.<\/p>\n
\u201cThere 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\u201d.<\/p>\n
Falana also picked a hole in section 8 of the law, wherein the law was referred to as \u201d this Act\u201d.<\/p>\n
He said, \u201d 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 \u201cActs\u201d in the provisions of the Gender-Based Violence Law of Ekiti is a misnomer and requires an amendment.<\/p>\n
\u201cAs 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\u201d.<\/p>\n","protected":false},"excerpt":{"rendered":"
Africa Press-Nigeria: Lagos lawyer, Mr Femi Falana (SAN), has called for the amendment of the Ekiti State gender-based violence law, 2019. The right activist said there were gaps in the law, which must be corrected. Falana in a letter through his Falana & Falana\u2019s Chambers, addressed to the office of the Speaker, Ekiti State House […]<\/p>\n","protected":false},"author":62,"featured_media":10364,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24,14],"tags":[72,1134],"class_list":["post-31081","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-all-news","category-policy","tag-ekiti-state","tag-femi-falana"],"yoast_head":"\n