Bill Proposes Amending Criminal Code to Extend Time Limit from Two Months to Two Years

By DAYO ADESULU

The Nigerian House of Representatives is deliberating a bill that seeks to extend the prosecution window for sexual offences committed against girls under 13 years of age. Sponsored by Rep. Bitrus Laori of the Peoples Democratic Party (PDP), representing Demsa/Numan/Lamurde federal constituency in Adamawa State, the bill aims to amend sections 218 and 221 of the Criminal Code Act.

The proposed amendment, which has passed its first reading, addresses a critical gap in the current legislation that sets an impractical two-month time limit for initiating prosecution.

Key Provisions of the Current Law

Under Section 218 of the Criminal Code Act:

• Offence: Any person who has unlawful carnal knowledge of a girl under 13 years is guilty of a felony.
• Punishment: Life imprisonment (with or without caning).
• Attempted Offence: Attempts are punishable by up to 14 years imprisonment.
• Time Limit: Prosecution must begin within two months of the offence.

The Case for Change

Rep. Laori argues that the two-month prosecution window is insufficient to ensure justice, as it:

1. Restricts Evidence Collection: The short timeframe makes it challenging to gather necessary evidence, arrest suspects, and build a robust case.
2. Acts as a Loophole: Perpetrators can evade accountability if the case is not pursued within the stipulated time.
3. Fails Victims: Survivors often face delays due to threats, stigma, and lack of immediate support, leaving them without justice.

“The two-month window effectively provides offenders with a defense mechanism,” Laori stated, emphasizing that the delay in investigations often exceeds this period.

Proposed Amendment

The bill seeks to:

1. Extend the prosecution window from two months to two years.
2. Enable investigators to conduct thorough investigations without the risk of the case being statute-barred.
3. Deter offenders by removing the “window of escape” created by the current time limit.

Implications

If enacted, this amendment will:

• Strengthen Prosecution: Allow authorities more time to build stronger cases against offenders.
• Protect Victims: Provide survivors with a realistic timeframe to report incidents and seek justice.
• Deter Crime: Send a strong message to potential offenders that there is no escape from accountability.

Rep. Laori concluded, “Removing the time limit would signal to perpetrators that they have no safe haven once they commit this crime. This would greatly deter such heinous acts.”

The bill is now awaiting further readings and deliberations in the House of Representatives.

Call to Action

Civil society organizations, legal experts, and child rights advocates are encouraged to engage with lawmakers to ensure the passage of this critical amendment.