In a landmark move aimed at strengthening Nigeria’s legal framework for the protection of children, the Senate has unanimously passed the Criminal Code (Amendment) Bill, 2025, which prescribes life imprisonment for anyone found guilty of defiling a minor, with no option of a fine.
The legislation, which had earlier been approved by the House of Representatives, represents a sweeping reform of the Criminal Code Act, marking a major milestone in Nigeria’s effort to curb the rising cases of sexual violence against minors and close existing legal loopholes that have often enabled offenders to escape full justice.
Leading the debate during plenary, the Senate Leader, Opeyemi Bamidele (APC, Ekiti Central), described the bill as a critical advancement in child rights protection and gender justice. He noted that the amendment seeks to “strengthen child protection laws and eliminate gender discrimination in the prosecution of sexual offences.”
“The amendment is designed to make our laws more responsive to today’s realities,” Bamidele said. “Defilement of a minor is one of the most heinous crimes against humanity, and those who perpetrate it should face the full weight of the law. The offence, which previously attracted a mere five-year jail term, now carries a mandatory life sentence.”
According to the Senate Leader, the new provisions are intended not only to punish offenders but also to serve as a deterrent to potential abusers, ensuring that the protection of children becomes a non-negotiable priority for the Nigerian state.
Beyond the life imprisonment clause for defilement, the Senate also moved to clarify and broaden the definition of rape in Nigerian law. Under the new amendments, rape is defined as any act of forcing a person — male or female — to engage in sexual intercourse without consent, whether in a brothel or any other location.
Clause 2(1) of the amendment specifically states:
“Any person who detains a man or boy, a girl or a woman against his or her will in any premises in order to have unlawful carnal knowledge of him or her; in a brothel or any place, commits a felony and attracts a minimum jail term of 10 years, on conviction.”
This provision marks a significant shift from the gender-biased language of the existing Criminal Code, which historically limited the definition of rape to male perpetrators and female victims. By expanding the scope, the new law recognizes sexual violence in all its forms, ensuring that both male and female victims receive equal protection under the law.
During the debate, lawmakers hailed the bill as a progressive step in aligning Nigeria’s criminal justice system with global human rights standards, particularly in line with the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, both of which Nigeria is a signatory to.
Senators from across party lines expressed support for the tougher penalties, noting that the previous five-year sentence for defilement was grossly inadequate and failed to reflect the gravity of the offence.
Senator Bamidele emphasized that the objective of the amendment was to “remove ambiguity and ensure the law serves as a strong deterrent to predators who exploit children.”
He added that the bill also sought to address broader issues of gender equality, ensuring that men and women, boys and girls, enjoy equal protection and justice under Nigerian law.
However, proceedings took a dramatic turn when the Senate temporarily halted consideration of certain sections of the bill, following heated debate over an abortion-related clause that raised deep religious and ethical concerns.
The controversial clause, according to sources, sought to provide exceptions to criminal liability in cases where abortion might be necessary to save the life of the mother or in instances of rape.
Several senators expressed strong reservations about the provision, arguing that it could open the door to moral and legal complications. Others, however, maintained that the clause was a necessary public health measure that balanced compassion with legality.
Following the disagreement, Senate President Godswill Akpabio ruled that the matter be referred to the Senate Committee on Judiciary, Human Rights, and Legal Matters for further deliberation and clarification. The committee was directed to report back to the chamber within two weeks.
A brief moment of tension erupted after Senator Natasha Akpoti-Uduaghan (PDP, Kogi Central) attempted to reopen discussion on the controversial clause, despite the bill having been officially stepped down for further review.
Former Edo State governor, Senator Adams Oshiomhole (APC, Edo North), quickly raised a point of order, insisting that parliamentary procedure forbids the reopening of debate on a matter that has already been ruled upon.
“I think my distinguished sister should agree that these are the rules, and she should recognize that these are the rules,” Oshiomhole said firmly, drawing murmurs of agreement from his colleagues.
Responding, Senate President Akpabio upheld the objection, stating, “I’m not a spirit to know what she wanted to say,” before reiterating that the chamber cannot revisit issues once a ruling has been made. He subsequently ruled Senator Natasha out of order, effectively ending the exchange.
Despite the brief disagreement, the Senate quickly returned to the substance of the bill, with lawmakers resuming deliberations on other non-controversial provisions.
The passage of the Criminal Code (Amendment) Bill was widely hailed by senators as a victory for justice, morality, and child protection in Nigeria.
Senator Ita Enang, a former lawmaker and legal expert, described the move as “a historic correction of a long-standing legal weakness that treated crimes against children with unjust leniency.”
Human rights advocates and child protection groups have also praised the Senate’s decision, noting that the mandatory life sentence for defilement sends a clear message that Nigeria will no longer tolerate sexual crimes against minors.
Child rights activist Dr. Grace Adetola told journalists that the new bill represents “a step toward reclaiming childhood for millions of Nigerian children who have suffered abuse, exploitation, and neglect.”
“The Senate has finally taken a strong stand,” she said. “The message is that predators will no longer hide behind weak laws or corrupt loopholes.”
With the Senate’s approval, the Criminal Code (Amendment) Bill, 2025, now moves closer to becoming law. Having already been passed by the House of Representatives, the bill will next be transmitted to President Bola Tinubu for assent.
If signed, it will immediately come into effect, amending key sections of the Criminal Code Act (Cap C38, Laws of the Federation of Nigeria, 2004), and establishing life imprisonment as the minimum penalty for the defilement of minors.
Legal experts have, however, cautioned that effective enforcement will require training for police officers, prosecutors, and judges, as well as the strengthening of child protection agencies at both federal and state levels.
They also urged the government to invest in forensic investigation facilities, public education, and victim rehabilitation programmes to ensure that the new law achieves its intended impact.
The passage of this bill marks one of the most significant steps in recent years toward strengthening Nigeria’s criminal justice system and safeguarding its most vulnerable citizens.
By prescribing life imprisonment for the defilement of minors and expanding protections for victims of sexual violence, the Senate has demonstrated a renewed commitment to upholding human dignity and protecting the next generation.
While debates over related moral and ethical issues continue, there is broad national consensus that children must be protected at all costs, and the new law stands as a firm statement that sexual violence against minors will never again be met with leniency in Nigeria.
