Interrogating the Theories of Punishment under the Violence Against Persons (Prohibition) Act, 2015

Abstract

Theories of punishment provide the philosophical foundation upon which criminal sanctions are justified, ranging from retribution and deterrence to rehabilitation and restorative justice. In Nigeria, the enactment of the Violence Against Persons (Prohibition) Act 2015 (VAPP Act) marked a watershed moment in the criminal justice landscape by codifying offences relating to gender-based violence, harmful traditional practices, and other forms of abuse. This article interrogates the theories of punishment underpinning the VAPP Act, examining whether its penal provisions reflect retributive, deterrent, rehabilitative, or restorative philosophies, or a hybrid of these models. The article argues that the reliance of the Act on retributive and deterrent theories of punishment, while offering limited mechanisms for rehabilitation of offenders or restoration of victims, occasions a disconnect between its intention and the reality of the sanctions its provides. The article also argues that the gap between the Act's transformative rhetoric and its largely punitive penal Orientation undermines its long-term effectiveness in addressing structural violence and entrenched cultural practices. The paper recommends a more deliberate recalibration of the Act towards stronger restorative and rehabilitative mechanisms in order to align its provisions with the stated objectives of victim protection and social tranformation.