The Senate on Tuesday passed into law, a Bill which recommended a life sentence for kidnapping as against the existing ten years sentence stipulated in the criminal code, in the event of the conviction of the suspect.
The Bill tagged, “Bill for an Act to Amend the Criminal Code Act Cap C. 38 also removed gender restrictions in the offence of rape.
Presenting the report of Committee on Judiciary, Human Rights and Legal Matters, Chairman of the Committee and Senator representing Ekiti Central, Opeyemi Bamidele, stated that the objectives of the Bill sponsored by Senator representing Lagos Central senatorial district, Oluremi Tinubu were to delete the statute of limitation on defilement in Section 218 and 221 of the Criminal Code Act and amend the definition of rape in section 357 and provide stringent punishment for the offence of kidnapping in section 364 of the Criminal Code Act.
In the new amendment of Section 364(2), the Principal Act is amended as anyone convicted for kidnapping ” is guilty of a felony and is liable to imprisonment for life, “as against the existing words of ” is guilty of a felony and is liable to imprisonment for ten years. ”
In the event of rape, the clause in Section 357 was amended to maintain gender neutrality as the Committee noted that the offence can be committed by either gender.
Senator Bamidele while addressing his colleagues said the amendments became compelling as he noted that the existing provisions were inherently defective.
He said: ” The aim of criminal law and criminal justice system is not only for punishment but also for deterrence, retribution, restoration and rehabilitation of offenders. And where the law fails to achieve any of these objectives, it becomes inherently defective, hence the need for the amendment/review of such Law(s) to bring them. into conformity with best practices.
This amendment is a response to these anomalies and is also within the legislative powers of the National Assembly, to make laws that are responsive to the yearnings and aspirations of the people and to also amend obsolete laws that will enhance effective justice system and ensure good governance. Therefore, the amendment to the Criminal Code Act that is being proposed, is a welcome development to our criminal justice system.
“Firstly, it should be noted that the proposition to delete statute of limitation on the prosecution of offences under section 218 and 221 of the Criminal Code Act, is a welcome development as the statute of limitation, placed on defilement and rape, negates the principles of natural law, equity and good conscience.
“There is no gainsaying the fact that anyone, who has carnal knowledge of a girl under the age of thirteen (13) or a girl being of or above the age of thirteen (13) and under the age of sixteen (16) or attempts to commit same offences, may not be punished, as the prosecution of such offence is barred after the expiration of two (2) months from the date of commission of the offence by virtue of the statute of limitation.
“Secondly, the stakeholders contended that the use of the words “idiot or imbecile” in Section 221 of the Act, has pejorative connotations, which have become derogatory and obsolete. As such, their usage should no longer exist in our laws, hence the need for this amendment.
“This is also a welcome development and a modern trend in legislative drafting and best practice world over.
“Furthermore, section 357 of the Criminal Code Act, defines rape as an offence against women. However, in recent times, there are incidences of non-consensual sex, perpetrated against the male gender. Therefore, the passage of this Bill will ensure that our laws and jurisprudence evolve in tandem with the rest of the world.
“Finally, they submitted that the frequency of kidnapping across the Federation and the resultant trauma, not to mention the number of lives lost to the crime, makes it imperative to review our laws with a view to ensuring appropriate punishment for perpetrators as well as serve as deterrence to would-be perpetrators.
“Thus, the passage of this Bill would proffer a life sentence for persons found guilty of kidnapping as against the provisions of Section 363 of the Act, which proffer the punishment of imprisonment for a term of ten (10) years, where the offence of kidnapping is established. ”
Senator Bamidele, however, revealed that “the Bill, when enacted, will apply to the Federal High Courts, in the southern part of the country, where the Criminal Code Act, is applicable and operational.”
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