TO WHOM IT MAY CONCERN. INDECENT DRESSING IS NOT A CRIME, DELTA STATE POLICE DOESN'T HAVE THE RIGHT TO ARREST ANYONE. VAPP ACT 2020
With reference to the Violence Against All Persons (VAPP) Law 2015 of the Delta State Government as amended in 2020, to include punishment for indecent dressing by way of community service or a fine of #50,000(Fifty thousand naira only), I Comrade Okorie Samuel (Engr) , the National Secretary of the Organisation for Human and People's Rights Protection and Humanitarian, do hereby humbly make my very sincere submission to the hallowed office of our amiable State Governor, to say that the aforementioned law is not only arbitary but also obnoxious. Hence , we appeal to his excellency , Rt Hon. Sherriff Oborevwori to please use his good office to repel this law in order to conform with the INTERNATIONAL BILL OF HUMAN RIGHTS AND THE AFRICAN CHARTER ON HUMAN AND PEOPLE'S RIGHTS as ratified by the Federal Republic of Nigeria.
Firstly, That law is a state law and it cannot override Federal laws, the Constitution of the Federal Republic of Nigeria and the International Human Rights Laws.
The Delta State Govt has the right to enact laws but any of it's laws that contradicts qnd contravenes the Federal laws and INTERNATIONAL laws becomes null and void and has to be repelled , with due respect to whom it may concern.
It is ULTRA VIRES when the state enacts laws that tend to override International laws , the Federal laws or the Constitution of Nigeria.
Nigeria is a party to the International Bill of Human Rights and also a party to the African Charter on Human and People's Rights and we have to operate in consonance with these laws.
The VAPP law calling for punishment for indecent dressing is not only obnoxious but very arbitary and has to be repelled.
THE INTERNATIONAL BILL OF HUMAN RIGHTS
Is the universal declaration of human rights adopted and proclaimed by THE GENERAL ASSEMBLY 217(III) OF 10TH DECEMBER 1948 of which Nigeria is a party to.
The VAAP law seeking to punish indecent dressing is a violation of the people's FUNDAMENTAL HUMAN RIGHTS to private life , liberty and security of persons as provided in ARTICLES 3 and 12 of the INTERNATIONAL BILL OF HUMAN RIGHTS.
Article 3 says that everyone has the right to life, liberty and security of persons.
ARTICLE 9
Arresting anyone based on indecent dressing amounts to arbitrary arrest. And a violation of his/her fundamental human rights. ARTICLE 9 says that no one shall be subject to arbitrary arrest, detention or exile.
Article 11 number 2 says that nobody shall be guilty of any penal offence on account of any act or omission which did not constitute a penal offence under national and international laws...........
Indecent dressing does not constitute an offence in the laws of the Federal Republic of Nigerian.
Article 12 says that no one shall be subject to interference with his privacy, ......... nor attacks upon his honour and reputation.
Punishment for indecent dressing is an attack on the honour and reputation of any person.
I can go on and on to prove that the aforementioned law is against the FUNDAMENTAL HUMAN RIGHTS OF THE PEOPLE.
Hence , we implore the Government to take a critical look at this law that seeks to punish indecent dressing, give it a second thought and repel it.
I remain
Comrade OKORIE SAMUEL (ENGR.)
NATIONAL SECRETARY
ORGANISATION FOR HUMAN AND PEOPLE'S RIGHTS PROTECTION AND HUMANITARIAN.
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