Civil Society Seeks Court Ruling On Benue VAPP Law, Survivors’ Reproductive Rights

Civil Society Organizations in Benue State have approached Benue State High Court, Makurdi, seeking judicial interpretation of the Violence Against Persons (Prohibition) Law of Benue State, 2019 (VAPP Law).

The matter was instituted by the Incorporated Trustees of the Sexual and Gender-Based Violence Justice Advocacy Network, Global Women Health Rights and Empowerment Initiative, Safe Reproductive Health and Rights Network, and Lawyers Alert, together with partners. 

The plaintiffs said the aim is to strengthen protections for survivors of rape -whether by bandits, herdsmen, kidnappers, or even relatives -particularly in cases that result in pregnancy, as well as for survivors of other forms of gender-based violence.

The VAPP Law, enacted by the Benue State Government in 2019, represents a major milestone in safeguarding the rights and dignity of women, girls, and other vulnerable groups. It provides a broad definition of violence—covering physical, emotional, psychological, sexual, and economic harm—whether in private or public life, in peace time or in conflict situations. Section 40(1)(a) of the Law further guarantees comprehensive medical, psychological, social, and legal assistance to all victims of violence.

The case before the Court raises critical questions: If rape is recognized as a form of violence under the VAPP Law, do survivors who become pregnant as a result of rape by bandits, kidnappers, herdsmen, or even relatives qualify as victims entitled to the full spectrum of assistance provided by the Law? Should such survivors be compelled to go through the trauma of carrying the pregnancy to term, or are they entitled to avail themselves of the reliefs the Law guarantees? And does the promise of “comprehensive medical assistance” extend to access to safe termination of pregnancy through government or non-governmental agencies?

Specifically, the Claimants seek judicial declarations that rape constitutes a form of violence under Section 2 of the VAPP Law and that persons who become pregnant due to rape qualify as victims entitled to protection and support under the Law.

The right to comprehensive medical assistance for rape survivors, as guaranteed in Section 40(1)(a), includes safe termination of pregnancy where needed.

On the implications of the suit, the plaintiffs said the outcome of this case has profound implications not only for Benue State but for Nigeria as a whole, as it tests how survivor-centered laws are interpreted and enforced in practice.

“This case represents a crucial step toward ensuring that Benue State’s progressive Violence Against Persons Law is implemented to its fullest extent,” said Bamidele, Lawyers Alert Director of Legal.

“When the state legislature guaranteed comprehensive medical assistance to survivors, it created a legal framework that must be honored for all victims, including those facing pregnancy as a result of rape. A favorable ruling will affirm the right of survivors to access holistic, rights-based medical and psychosocial care that respects their dignity, health, and choices.”

The claimants said the suit will further expand access to justice “Survivors of sexual and gender-based violence often face stigma, barriers to reporting, and limited access to remedies. A favorable ruling will strengthen their legal standing and access to justice.”

On public health and human rights, the plaintiffs said clarifying that “comprehensive medical assistance” includes safe termination of pregnancy addresses a pressing health and rights issue for rape survivors.

“The case tests the strength of progressive legislation like the VAPP Law and provides courts an opportunity to give life to the intentions of lawmakers.

“As states across Nigeria domesticate the VAPP Act, judicial guidance from this case could influence interpretation and application in other jurisdictions.This case underscores the commitment of civil society to advancing gender justice, strengthening legal frameworks, and ensuring that survivors of violence are not left without protection or recourse. 

“Beyond Benue State, its outcome could set an important legal precedent for reproductive rights and gender-based violence response across Nigeria, particularly in states that have enacted similar Violence Against Persons laws. A favorable ruling would bridge the gap between law and lived reality, translating legislative promises into tangible justice and comprehensive support services for those most affected”, the plaintiffs said.