Nigeria – Understanding Section 16 of the VAPP Act

The Silent Crisis: Understanding Section 16 of the VAPP Act on Abandonment of Dependants in Nigeria

In a country where familial ties and community responsibilities run deep, it is easy to assume that the welfare of dependants—spouses, children, elderly parents, or incapacitated relatives—is automatically safeguarded. However, the reality is often starkly different. Abandonment, especially of women and children, remains a widespread but underreported issue in Nigeria. Recognizing this, Nigeria’s federal government introduced legal safeguards under the Violence Against Persons (Prohibition) Act (VAPP), enacted in 2015. One of its lesser-known but critically important provisions is Section 16, which criminalizes the abandonment of dependants without reasonable cause.

📜 What Does Section 16 Say?

Section 16 of the VAPP Act states:

“A person who, without reasonable cause, abandons his wife or husband, children or other dependants, thereby leaving them without the means of sustenance, commits an offence and is liable on conviction to a term of imprisonment not exceeding three years or to a fine not exceeding five hundred thousand Naira or to both.”

This provision clearly defines abandonment as a criminal act, not merely a domestic or family issue. It applies to both men and women and includes a wide range of dependants—not just children or spouses, but also elderly parents or any other person reliant on the accused for sustenance.

💡 Why Is This Law Important?

Abandonment leads to a cascade of social and economic issues:

• Homelessness,

• Lack of access to education,

• Health risks,

• Emotional and psychological trauma.

By codifying abandonment as a punishable offense, Section 16 serves several important purposes:

• It deters irresponsible behavior.

• It recognizes the duty of care owed to dependants.

• It protects vulnerable individuals, particularly women and children.

⚖️ Who Can Be Prosecuted?

This law applies regardless of gender. While many assume only men abandon their families, the law is neutral—it can apply to:

• A father who refuses to care for his children after separation or divorce.

• A mother who deserts her children without reason.

• An adult child who neglects aged, sick, or incapacitated parents who are reliant on them.

The key legal elements for prosecution include:

1. Proof of dependency.

2. Unreasonable abandonment without justifiable cause.

3. Resulting hardship or lack of sustenance.

🛑 Reasonable Cause — What Counts?

The law provides for “reasonable cause” as a defense. Some examples may include:

• Severe illness or mental health conditions.

• Incapacity due to job loss or unforeseen hardship.

• Situations where the dependent is violent or abusive.

Each case is reviewed on its own merits, and courts will consider context, intent, and available resources.

🔎 Real-World Applications

Since the enactment of the VAPP Act, NGOs and legal aid groups have used Section 16 to seek justice for:

• Women abandoned by husbands with children to feed.

• Elderly parents denied care by affluent children.

• Abused children left to survive on the streets.

While the law is clear, enforcement varies by state. As of now, the VAPP Act applies only in the Federal Capital Territory (FCT) and other states that have domesticated the law. As of mid-2024, over 30 Nigerian states have adopted the VAPP Act into their legal framework—but implementation challenges remain.

👩‍⚖️ Penalties Under Section 16

Upon conviction, the penalties include:

• Up to 3 years imprisonment,

• A fine of ₦500,000, or

• Both fine and imprisonment.

In addition, the court may order the offender to provide support or compensation to the dependant(s), depending on the situation.

👣 What Should You Do If You’ve Been Abandoned?

Victims or dependants who feel abandoned should:

1. Report to the National Human Rights Commission (NHRC) or relevant legal bodies.

2. Seek help through Legal Aid Council or NGO support networks.

3. File a complaint with the family court or VAPP enforcement unit in your state.

🧭 The Way Forward: A Society That Protects Its Vulnerable

Section 16 of the VAPP Act is a landmark provision that reinforces the principle of accountability in caregiving relationships. It recognizes that the dignity of a person is compromised when those who owe them support, financially or emotionally, walk away without consequence.

As Nigerian society evolves, it must take seriously the need to care for its most vulnerable, and laws like this help pave the way.

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Let us continue to shine a light on the silent suffering within homes, and use the law as both a shield and a sword—to protect and to prevent.