…Raises Rape Sentence to Minimum of 10 Years
In a decisive move to strengthen the fight against sexual violence, the Nigerian Senate has passed a bill prescribing life imprisonment without an option of fine for anyone convicted of defiling a minor.
The decision followed the consideration of the Criminal Code Act (Amendment) Bill, 2025, which originated from the House of Representatives and seeks to modernize several sections of Nigeria’s criminal laws to reflect current realities.
Lawmakers unanimously endorsed the amendment during Tuesday’s plenary, describing the defilement of minors as “a grievous and unforgivable crime capable of destroying a child’s life forever.”
Presiding over the session, Senate President Godswill Akpabio said the new penalty reflects the Senate’s determination to protect children and restore moral standards in society.
“Defilement is even more serious than rape,” Akpabio said. “It is a very serious issue and should carry the most severe punishment. Any defilement of a minor in Nigeria henceforth attracts life imprisonment. Let everyone be aware.”
The Senate also voted to increase the penalty for rape and other forms of forced sexual intercourse to a minimum of 10 years imprisonment, up from the previous five-year maximum sentence.
While Senator Adamu Aliero of Kebbi State had earlier proposed life imprisonment for rape, lawmakers eventually agreed on a minimum of ten years to allow for judicial discretion depending on the severity of each case.
Clause 2(1) of the new amendment reads:
“Any person who detains a man or boy, a girl or a woman against his or her will in any premises to have unlawful carnal knowledge of him or her, commits a felony and shall be liable to imprisonment for not less than 10 years.”
In a significant inclusion, Senator Adams Oshiomhole, former President of the Nigeria Labour Congress, called for the recognition of male rape victims, noting that sexual assault laws must be gender-neutral.
“The rapist could be a male raping a male, a male raping a female, a female raping a female, or a female raping a male,” Oshiomhole said.
His observation prompted the Senate to amend the bill to explicitly include all genders as potential victims of sexual assault.
However, deliberations on sections of the bill relating to pregnancy termination and abortion were temporarily suspended and referred to the Senate Committee on Judiciary, Human Rights and Legal Matters for further legislative scrutiny.
Lawmakers argued that the abortion clause must be carefully worded to avoid endangering medical practitioners handling emergency cases.
Senator Abdul Ningi cautioned that:
“If left vague, the provision could put doctors in a difficult position when they need to save a woman’s life through abortion. The law must clearly define what constitutes an unlawful abortion.”
The Senate granted the committee two weeks to conduct a detailed review and present a report with recommendations for clarity and balance.
A brief procedural dispute occurred during the session when Senator Natasha Akpoti-Uduaghan sought to comment further on the abortion clause after it had been stood down. Senator Oshiomhole objected, citing Senate rules that prevent reopening a matter already deferred.
Ruling on the issue, Senate President Akpabio invoked Rule 52(6) to maintain order.
“Since the Senate has already reached a conclusion and stepped down this matter, it shall be out of order to reopen it. I therefore rule Senator Natasha out of order,” he declared.
The bill will return to the Senate for final passage after the judiciary committee submits its report — a step expected to solidify one of Nigeria’s toughest legal frameworks yet against sexual offences and child abuse.
