Against the backdrop of the having highest prevalence rates in the South-west, the Ekiti State Police Command has ordered the arrest and prosecution of anyone still engaged in Female Genital Mutilation (FGM). It could be recalled that in 2013, Ekiti had a 72 percent prevalent rate, which reduced to 57.9 percent in 2019. Although more recent statistics are elusive, these numbers are still grossly inadequate.
Despite the fact that laws have since been enacted (and amended) which prohibit the practice, it would seem that law enforcement agencies have not been responding to advocacy efforts of government and civil society organisations, as not a single person has been convicted for the crime to date.
What Happened
Following a sensitization session on November 3, 2022, the Commissioner of Police in Ekiti, Morounkeji Adesina, directed his men to commence an aggressive manhunt for perpetrators of FGM. The Commissioner, represented by the command’s spokesperson, Sunday Abutu, gave the order in Ado Ekiti, while speaking at a capacity building workshop organised for Law Enforcement Officers on Female Genital Mutilation. Describing FGM as a violation of the State’s Child’s Rights Act and the Gender Based Violence and Prohibition Law 2019 as amended, Adesina said the practice had caused permanent injuries and disabilities to many women, which was unlawful and must be discouraged.
“From now henceforth, we will put our torch lights out there and monitor the activities of our people. My men should take it as part of their responsibilities to arrest and prosecute offenders.”
Expressing regret that no one had been prosecuted for FGM in Ekiti as yet, the Coordinator, Reproductive Maternal and Child Health, Ekiti State Ministry of Health, Olukemi Akinleye, said that the partnership with the security agencies would hopefully change the narrative.
The Numbers
Female genital mutilation (FGM) remains widespread in Nigeria, and with an estimated 19.9 million survivors, Nigeria accounts for the third highest number of women and girls who have undergone FGM worldwide. Medically speaking, Female Genital Mutilation consists of any cutting that has to do with partial or total removal of the external genitalia or related injuries to the female genital organs for cultural or other non-therapeutic reasons. This slightly more ‘digestible’ definition does not fully capture the grotesque and deeply disturbing reality of the practice, which is often inflicted on babies and young girls.
According to UNICEF, an estimated 86 percent of women were cut before the age of 5, while 8 percent were cut between ages 5 and 14. It was also found that disparities in the practice exist. State prevalence ranges from 62 percent in Imo to less than 1 percent in Adamawa and Gombe. The prevalence of FGM is highest in the South East (35 percent) and South West (30 percent) and lowest in the North East (6 percent).
The Nigeria Demographic and Health Survey (NDHS) in 2013 had reported that the prevalence of FGM was 25 per cent for women aged 15-49, which reduced to 20 percent in 2018. Quoting the NDHS 2013/2018 statistics (in the highest ranking states): Osun State, the prevalence reduced from 78 percent to 45.9 percent; Ebonyi: 74 percent to 53.2 percent; Ekiti: 72 percent to 57.9 percent; Imo: 68 percent to 61.7 percent, and Oyo: 66 per cent to 31.1 per cent.
The Horror
According to World Health Organisation (WHO), FGM has zero health benefits and only harms girls and women, often causing lifelong trauma, pain, bleeding, infections, vaginal fistula and death in some cases.
Although logic and reason seem to be lacking when it comes to the practice, there are, in fact, several reasons why FGM is still practiced in Nigeria, ranging from cultural justification to its being used to curb illicit sexual appetites of women and girls in various parts of the country. In certain states, FGM is even considered a religious obligation or right of passage into adulthood, with the cutting making up a part of the baby’s naming ceremony. Yes, indeed, in some communities, FGM (likened to circumcision of the male child), is carried out just a few days after birth to coincide with the child’s naming ceremony, which is a festive event with gifts and refreshments. The naming and cutting go hand in hand, making it even more difficult for certain mothers to openly resist their daughters undergoing the procedure because… no cutting, no naming ceremony.
Knowing all that we know about patriarchy today, it would be easy to draw obvious connections between FGM and the patriarchal system we live in. But maybe the core reason for the continued practice isn’t so complex or far-fetched: why would the practice stop when there are no repercussions for it? While many of us struggle to wrap our heads around FGM, and shy away from discussing the topic at length, perhaps it is those blood-stained, horrifying images that flash through our minds, making us shudder when we think about it, that should serve as a reminder that not nearly enough is being done and perpetrators are still roaming free.
Ineffective Laws
Before any concrete laws were passed concerning Female Genital Mutilation, most lawyers, NGOs and anti-FGM campaigners in Nigeria had to rely on the Nigerian Constitution and the Child Rights Act (CRA) to speak against FGM. Let’s take a brief look at each.
The Constitution: The 1999 Constitution of the Federal Republic of Nigeria (CFRN) which is the supreme law of the land provides, in Section 34, that: “no person shall be subjected to any form of torture, inhuman or degrading treatment or punishment”. FGM falls under the foregoing categories and, as such, can be punishable under this section.
The Child Rights Act: The Child Rights Act (CRA), which was passed in 2003, also states in Section 11(B) that: “no child shall be subjected to any form of torture, inhuman or degrading treatment or punishment”. However, it should be noted that this Act is applicable in only 23 States plus the Federal Capital Territory (FCT) Abuja.
Notice anything missing? In both foregoing provisions, FGM is not specifically mentioned. For this reason, several lawyers, NGOs and anti-FGM campaigners in Nigeria rallied together and started advocating for a Law that directly mentions and condemns FGM as a criminal offence. Thus, in 2015 (under Goodluck Jonathan’s administration), the Violence Against Persons Prohibition (VAPP) Act was passed into law. Asides criminalizing FGM, the act also made other forms of Gender based violence like rape, spousal battery, forceful ejection from home, harmful widowhood practices etc punishable offences in Nigeria. Section 6 of the act provides a set of punishments for FGM, which include two to four years imprisonment and a maximum fine of N200,000.
As it stands, about 13 states in the country have their own State laws expressly prohibiting FGM. But with all these laws in place, one cannot help but wonder why there has not been a single FGM conviction in Nigeria? Well, to reach for the most obvious reason, we know that the country has a real problem with actually putting anything meaningful into practice. Without mincing any words, this is simply a lawless country with hundreds of colourfully-worded laws.
But there are a few other reasons why not much has improved in terms of FGM. One, the applicability of the act poses a serious problem. Under our system, a Federal Law cannot apply in a particular State unless and until it is domesticated in that particular State. As it stands, less than five of our 36 states have imbibed the VAPP Act. Secondly, in a population of over 200 million people, there is little to no awareness of this act. It is estimated that only about 10 out of every 200 Nigerians really knows what this act says or means. Which brings us full circle, back to Ekiti’s police order. One can only hope that this time, such directives will be followed by action — and not just in Ekiti, but across the states where this deplorable mutilation is still practiced. We wait for the day that acts of gender-based violence are actually met with consequences in Nigeria, and not just words.