Section 38 VAPP 2015

Section 1 of the Violence Against Persons (Prohibition) Act 2015 is about Rights of victims. It provides as follows:

(1) In addition to the rights guaranteed under Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999, or any other international human rights instrument to which Nigeria is a party, every victim of violence, as defined in
section 1 of this Act, is entitled to the following rights –

(a) to receive the necessary materials, comprehensive medical, psychological, social and legal assistance through governmental agencies or non-governmental agencies providing such assistance;

(b) to be informed of the availability of legal, health and social services and other relevant assistance and be readily afforded access to them;
(c) to rehabilitation and re-integration programme of the State to enable victims to acquire, where applicable and necessary, pre-requisite skills in any vocation of the victim’s choice and also in necessary formal education or access to micro credit facilities:

(d) any rules and or regulations made by any institution or organization prohibiting or restraining the reporting of offences or complaint with the provisions of this Act, shall, to the extent of the inconsistencies be null and void; and
(e) no complainant of any offence under this Act shall be expelled, disengaged, suspended or punished in any form whatsoever by virtue of the action of compliance with the provisions of this Act.

(2) Any head of institution who violates the provisions of this subsection is guilty of an offence and is liable on conviction to a term of imprisonment for 6 months or a fine of N200,000 or both.

(3) No person may be present during any proceedings under this Act except-
(a) officers of the Court:
(b) the parties to the proceedings:
(c) any person bringing an application on behalf of the complainant under section 28 (3):

(d) any legal practitioner representing any party to the proceedings;
(e) accredited service provider:
(f) witnesses;

(g) not more than 3 persons for the purpose of providing support to the complainant;
(h) not more than 3 persons for the purpose of providing support to the respondent; and
(i) any other person whom the Court permits to be present provided that the court may, if it is satisfied that it is in the interests of justice, exclude any person from attending any part of the proceedings.

(4) Nothing in this section limits any other power of the Court to hear proceedings in camera or to exclude any person from attending such proceedings.

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