JURISPRUDENCE

Abandon your spouse, go to jail

In Nigeria, it is not unusual for a man or woman to abandon the immediate family and move on for various reasons, not taking into consideration how this affects the other party. Indeed, it is becoming a norm for a spouse, especially the man, to abandon his responsibilities in the home and abscond in order to move in with another lover or even to an entirely unknown place to avoid responsibilities or start afresh.

Abandonment is deliberately leaving wife, husband or children that are under the care of a person, by the person that has such care, without any means of sustenance.

However, if you are one of those engaging in this act or you encourage such an act, it is time to desist, else a jail term is imminent as the law now frowns on such act and has made it a criminal offence.

Such acts are no longer considered a family matter under the law as the VAPP Act has made it a crime to abandon one’s spouse, children or other dependants under the domestic offences section.

A provision like this is why the Violence Against Persons and (Prohibition) Act (VAPP) 2015 is described as a child of necessity in the fight against violence dominating the domestic and public space in Nigeria.

Section 16 of the VAPP Act makes provisions for cases of abandonment of children, spouse and other dependants without means of sustenance. Section 16 (1) provides that any person who abandons his or her spouse, children and other dependents without means of sustenance is liable for punishment with maximum three years imprisonment or N500,000 fine or both.

Section 16 (2) says anyone who attempts to abandon his children, spouse and other dependants without means of sustenance is liable for punishment with maximum two years imprisonment or N200,000 fine or both. 16 (3) provides that any person who incites or counsels another to abandon his or her spouse, children and other dependents without means of sustenance is liable for punishment with maximum two years imprisonment or N200, 000 fine or both and 16 (4) states that any person who receives or assists another who, to his or her knowledge, committed this offence is considered an accessory after the fact and is liable on conviction to a term of imprisonment with maximum one year imprisonment or N100,000 fine or both.

It is indeed time for dead beat parents to sit up and live up to their responsibilities while neighborhood counselors that give inciting advice must now watch what they encourage else they face the wrath of the law.

READ ALSO: Never be too busy for your spouse

Yejide Gbenga-Ogundare

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