Senators Chris Anyanwu and Solomon Ita-Enang, on Monday disagreed sharply over the power of the National Assembly to legislate on a bill that would be binding on the 36 states of the federation.
Both senators expressed divergent issues over the development during the public hearing conducted on it by the Senate Committee on Judiciary, Human Rights and Legal Matters .
The disagreement arose when Anyanwu, the sponsor of the bill, and a member of the committee, Ita-Enan, argued over the critical issues bordering on concurrent and exclusive legislative lists between the federal and state governments.
For instance, Ita-Enang, raised critical legal issues bordering on concurrent and exclusive legislative lists between the federal and state governments.
He noted that such critical questions as to whether laws made by the National Assembly on such issues as sexual Offences which are already contained in the laws of the states can be enforced in the state .
He argued that the National Assembly cannot make laws on rape for the states, pointing out that any law from the National Assembly is only enforceable in the Federal Capital Territory.
He insisted that the various provisions proposed in the bill are, “a re-production of existing laws on rape across the various states of the federation.”
He said, “The best the National Assembly can do, is to amend the laws, and these are the issues for determination before the public hearing.”
The lawmaker therefore suggested that “if existing laws are weak, what was required is to strengthened them.”
However, Anyanwu countered Ita-Enang’s position, stressing that the bill has nothing to do with the numerous legal books being cited by Enang.
She insisted that, the incidents of rape have become common place in Nigeria without any of the existing laws catching up with the perpetrators.
She argued that “there are items in the bill that are not contained in some of the existing laws, pointing out that the bill if passed, can be adopted by the states.”
She said, “The problem of rape in Nigeria as it is today has gone beyond jurisdictional argument by lawyers . It is a problem for the whole society to solve by whatever way possible.
“We want to see a harmonized law that can be copied by the states . We do not want to encroach into the jurisdiction of states.”
Minister of Women Affairs and Social Development, Hajiya Maina, said the ministry was not looking at encroaching into the jurisdiction of states but looking at the laws that can be adopted in the states.
She said, “Whatever we do that applies to the FCT, States can copy or adopt it to help fight the scourge of rape.”
Maina, kicked against option of fine provided in the bill for sexual Offences with a child, child trafficking and child sex tourism, saying such a proposal is not strong enough to serve as deterrent to offenders.
She said, “In order to curtail the upsurge in the scourge of rape of persons especially women and girls, it is important that the penalties attached to these Offences be punitive and prohibitive.
“Consequently , we consider the sum ranging from N500, 000 , N1m , N3m penalties for jurisdiction person to be a slap on the wrist”.
“Should go to jail straight upon conviction without any option of fine and stay there for a very long period of time, that would make way for collapse of their businesses.”
The Attorney Generals of Kwara, Lagos and Kaduna States respectively, assured the committee that the bill if passed, would be domesticated by their states.
Meanwhile, the Nigeria Police Force was not represented at the public hearing.
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