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The cluster’s influence on the establishment of a sexual assault and referral center for SGBV

The SJN Cluster on June 2022, held a stakeholders meeting in Abuja, arising from this meeting, the SJN Cluster agreed to immediately commence advocacy towards the delivery of our policy asks, in this instance, the establishment of SARCs in the project locations.
Community Advancement Initiative for Self-Reliance (CAI4SR), the SJN Cluster focal organization in Osun State commenced intensive advocacy towards the setting up of the SARC. In August 2022, the SJN Cluster for example visited the Solicitor General/Permanent Secretary and made a strong case for the complete implementation of the VAPP Law by the setting up of SARC. The SG committed on behalf of the State to ensure this was done explaining that this entails an inter-agency approach and that the Ministry of Justice is ready to collaborate with other relevant ministries to facilitate the setting of the SARCs in the state.

The video link: https://web.facebook.com/watch/?v=464124052420397

This was captured in the SJN Cluster report to SCALE in August 2022.
The SJN Cluster thereafter met with other Ministries and got the same commitment. The setting up of SARC is so central to the SJN Cluster in Osun, so much so that when a new Governor was elected, even as this was been challenged in the tribunal an advocacy visit was paid to the Governor in waiting on this issue of continuing with the setting up of SARC. The Governor-Elect made commitment in this regard. This was captured in the SJN Cluster report of October 2022.

Given the CAI4SR’s influence in the State arising from its SGBV engagement with the State, when the Governor election was overturned, the SJN Cluster again with other government agencies notably the Ministry of Health the SJN Cluster, wherein the Permanent Secretary stated that the SJN Cluster’ visit was timely since the State Government was working with Her Excellency towards establishing a SARC.

https://betareports.com/cai4sr-advocates-for-creation-of-sexual-assault-referral-centres-in-osun-state/
https://www.thirdeye.com.ng/2022/11/cai4sr-advocates-for-creation-of-sexual.html

CAI4SR is currently a member of the VAPP Law Implementation Committee of the Osun State and powering SJN policy asks of the full implementation of VAPP Law at this level.

Amendment of Bauchi State Administration of Criminal Justice Law (ACJL) by State House of Assembly assigning jurisdiction for rape cases to Chief Magistrate Courts

The SJN Cluster on June 2022, held a stakeholders meeting in Abuja which had in attendance the Chief Registrar of the Bauchi State Judiciary, Sublim Emmanuel D. At the meeting, stakeholders agreed on the following as captured – link. Part of the way forward from that meeting was to look at the possible challenges of effective implementation of VAPP & ACJ Laws. Bauchi State identified, the backlog of rape cases in Bauchi as one of the challenges. The backlog owed to the cases been tried by only High Courts, which translates to the process of instituting trial for rape at the magistrate courts while awaiting legal advice from the office of the AG before arraignment in the High Court, which can take a fairly long period. The need to confer original jurisdiction on senior magistrates to try these cases was identified by the SJN Cluster.

Hon. Magistrate Amina Garuba Ahmed of Ikra Foundation of Women and Youth Development, the focal organization for SJN in Bauchi led an advocacy visit to the Chief Registrar in September 2022, who was in the SJN stakeholders meeting in June 2022. The aim of the meeting centered around the expansion of the jurisdiction of the senior magistrates to try rape cases.

The Chief Registrar of Bauchi State, who is a stakeholder in the SJN Cluster and attends our meetings sought and obtained the instruction of the Hon. Chief Judge convened a consultative stakeholders meeting of the justice sector comprised of DSS officials, National Human Rights Commission officials, Deputy Commissioner of Police CID, NSCDC Legal officers, Representative of the Attorney General, media, and Judicial officers. The meeting had the sole objective of the Implementation of the VAPP Law and the Establishment of Special Courts to try SGBV cases. A total of 30 persons (12 females and 18 males) were present during the engagement. Out of the 30 participants, 6 were youths and 24 were Adults.

Discussions focused on the current VAPP and the ACJ Law and was centred around the –

Expansion of the jurisdiction of Chief Magistrates to include cases of SGBV as against limiting the jurisdiction in most cases only to High Courts in amended. As Magistrate Courts being courts of summary jurisdiction, would facilitate more speedy trials of SGBV cases and by extension access to justice.
Making of a Practice Direction Designating Special Courts for fast-track trial of SGBV cases by the Chief Judge of Bauchi State.
And the application of the VAPP Law in Bauchi State by the courts in the trial of SGBV offenses.

The process has been captured in our several reports before now and leading to the amendment and passage of the Laws to confer jurisdiction on senior magistrates to try rape cases. As it were, the ED of SJN focal organization, Hon. Amina Garuba has been appointed secretary of the Committee on Drafting of the Practice Direction on VAPP & ACJ Laws.

How the action of the SJNC influenced the signing into Law of the revised Law

The signing of the Laws by the Governor was without any hitch because of the all-inclusive nature of the process leading to the Laws, which was carried out by the SJN Cluster and the stakeholders (Chief Registrar). The stakeholders comprise DSS officials, National Human Rights Commission officials, Deputy Commissioner of Police CID, NSCDC Legal officers, Representative of the Attorney General, media, and Judicial officers. This made signing the reviewed Laws by the Bauchi State Governor possible.

Below is the attendance sheet for the meeting. At number five is the Chief Registrar of Bauchi State’s name.

SJN CLUSTER’S ACHIEVEMENTS IN BAUCHI AND BENUE STATES UNDER THE ADVOCACY ENGAGEMENT PROJECT TITLED “TOWARDS EFFECTIVE JUSTICE DELIVERY FOR SURVIVORS OF SGBV IN NIGERIA

BAUCHI STATE

Bauchi State House of Assembly passed into Law Amended ACJ Law, August 30, 2022
Bauchi State House of Assembly passed into Law Amended VAPP Law, August 25, 2022
Bauchi State House of Assembly passed into Law Amended Penal Code Law, August 25, 2022
Bauchi Chief Registrar convened ACJ Law Review technical committee meeting to expand Chief Magistrates jurisdiction to try rape cases, September, 2022
Chief Magistrate jurisdiction expanded to try rape cases in Bauchi
Bauchi State Governor assents to VAPP Law 9^th 2022
Bauchi State Governor assents to ACJ Law 9^th 2022
Bauchi State Governor assents to Penal Code Law 9^th 2022
Bauchi State Hon. Chief Judge appoints SJN cluster member as secretary to the Drafting Committee on Practice Direction on VAPP & ACJ Laws Dec. 10th 2022
Bauchi State VAPP & ACJ Laws gazetted on 14 February, 2023 and are now applicable in the State

BENUE STATE

Benue State government established SARC 31st Jan. 2023
Benue State Government establishes ACJ Monitoring Committee April, 2022
Benue State Government nominates SJN cluster member as member of the ACJ Monitoring Committee
The Inaugural meeting of the ACJ Law Monitoring Committee held on October 20, 2022 (following the commitment of the Benue State Chief Judge to allocate funds for the inaugural meeting of ACJ Law monitoring committee).