The Senate has approved stiffer punishment of life imprisonment without an option of fine for anyone convicted of defiling a minor
The Senate on Tuesday approved life imprisonment without an option of fine for anyone convicted of defiling a minor, as part of sweeping amendments to the Criminal Code Act (Amendment) Bill, 2025.
The red chamber said the stiffer penalty was necessary to deter offenders and safeguard children from sexual abuse, describing the act as “a grievous crime capable of destroying a child’s life forever.”
During plenary, senators unanimously voted in favour of the life sentence clause for defilement, an offence that currently carries a maximum of five years’ imprisonment.
In his lead debate, the Leader of the Senate Senator Opeyemi Bamidele, said that the bill which originated from the House of Representatives and was transmitted to the Senate for concurrence, seeks to overhaul several provisions of the nation’s criminal code to address emerging social realities.
He said the criminal code act is an old law that was enacted in 1916 and as such most of the penalties prescribed are not in tune with the current social and economic realities.
Presiding over the session, Senate President Godswill Akpabio said the new measure underscored the Senate’s resolve to protect minors.
“Defilement is even more serious than rape. 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,” Akpabio declared.
The Senate also raised the punishment for rape and other forms of forced sexual intercourse regardless of gender to a minimum of 10 years in prison.
While Senator Adamu Aliero had proposed life imprisonment for rape, the chamber resolved to set 10 years as the minimum sentence upon conviction.
Clause 2(1) of the amended bill 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.”
Former Nigerian Labour Congress (NLC) President, Senator Adams Oshiomhole, called attention to the need for the law to acknowledge that rape victims could be of any gender.
“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,” he noted.
The Senate subsequently amended the clause to cover all genders.
However, consideration of other contentious provisions particularly those relating to pregnancy termination and abortion was suspended and referred to the Committee on Judiciary, Human Rights and Legal Matters for further legislative scrutiny.
Lawmakers argued that the abortion clause required clearer language to avoid legal ambiguity that could endanger women or medical practitioners in emergency situations.
Senator Abdul Ningi cautioned:
“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 directed the committee to review the relevant clauses and report back within two weeks.
A brief procedural dispute also arose when Senator Natasha Akpoti-Uduaghan sought to reopen debate on the abortion clause after it had been stepped down.
Citing Senate rules, Senator Oshiomhole objected, insisting that the Senate President must ensure fairness and equal opportunity for all senators if he allowed Senator Akpoti-Uduaghan revisit the already stepped down discussion.
Ruling on the matter, Akpabio invoked Rule 52(6), saying:
“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.”
The bill is expected to return to the Senate for final passage after the judiciary committee submits its report.
