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Abandonment is deliberately leaving wife, husband or children that are under the care of a person, by the person that has such care, without any means of sustenance. Hence, is abandoning a woman or child/children a crime?

Spousal and Child abandonment in Nigeria is a growing problem that has been reported extensively in both traditional and social media. This usually occurs when parents or guardians abandon their children, leaving them without proper care or means of sustenance. It is becoming common for individuals, particularly men, to leave their immediate family and move on to new relationships or unknown locations to avoid responsibilities and for other reasons personal to them  which are not limited to the following reasons;.

• Witchcraft Stigma: Some children are branded as witches by their parents and then abandoned to die. These children may even be subjected to physical harm under the guise of exorcism before being abandoned.

• Newborn Babies: There are cases of babies being abandoned shortly after birth. Some are left in hospitals, while others are dropped off at unconventional places like public toilets, dump sites, bushes, and drainage systems. Occasionally, these babies are rescued by compassionate individuals, but sadly, some perish before help arrives.

• New found love: some spouses abandon their homes and cling to their supposedly new found love while abandoning their spouses with the kids.

Despite the prevalence of abandonment witnessed amongst spouses in Nigeria It is a criminal offence for any person to abandon Wife or Husband, Children or Dependents without any means of sustenance or living.

According to Section 16 of the Violence Against Persons (Prohibition) Act 2015, (VAPP ACT) abandoning children/spouse or leaving them without a means of sustenance is a criminal act. Section 16 of the VAPP Act outlines penalties for abandoning children, spouses, and other dependents without means of sustenance.

Accomplices, usually friends and colleagues who encourage a party to abandon his family are not spared by the law. By the provisions of the law such persons are liable on conviction.

Furthermore, anyone who knowing that a party had committed any of the crimes as stipulated above lends any form of help in that regard is also liable on conviction.

Worthy of note is the fact that it is not enough that a party who intended to commit the crime of abandoning the spouse and children did not succeed in doing same. The fact that there was an attempt to abandon the spouse and/or the children (child) is enough to secure a conviction in court.

Section 16 of the VAAP Act is reproduced hereunder;

(1) A person who abandons a wife or husband, children or other dependent without any means of sustenance commits an offence and is liable on conviction to a term of imprisonment not exceeding 3 years or to a fine not exceeding #500,000.00 or both

(2) A person who attempts to commit the act of violence provided for in subsection(1) of this section commits an offence and is liable on conviction to a term of imprisonment not exceeding 2 years or to a fine not exceeding #200,000.00 or both

(3) A person who incites, aids, abets, or counsels another person to commit the act of violence as provided for in subsection (1) of this section commits an offence and is liable on conviction to a term of imprisonment not exceeding 2 years or to a fine not exceeding #200,000.00 or both

(4) A person who receives or assists another who, to his or her knowledge, committed the offence provided for in subsection (1) of this section is an accessory after the fact and is liable on conviction to a term of imprisonment not exceeding 1 year or to a fine not exceeding #100,000.00 or both.

In addition to the above, Section 276 of the Lagos State Criminal Law 2011 provides thus;

Any person who being the parent, guardian or other person having the lawful care or charge of a child under the age of twelve years and being able to maintain such child, willfully and without lawful or reasonable cause deserts the child and leaves it without means of support, is guilty of a misdemenour, and is liable to a fine One Hundred Thousand Naira without prejudice to the recovery of any cost any other person may have reasonably incurred with respect to the upkeep of the Child.

It is disheartening that child abandonment persists in the 21st-century Nigeria, but efforts are being made through legal frameworks and awareness campaigns to address this issue and protect vulnerable children.

It is also important to also state that abandonment does not only happen when both parties are married, in the case of spousal abandonment or a father abandoning his biological children. Abandonment also occurs when a man abandons his pregnant wife or partner/friend. Abandonment here covers failure to pay maternity pills. It is important to add that marriage is immaterial to this discussion, whether the pregnant person is married or not, does not matter. There is a law in Lagos State that makes the abandonment of a pregnant woman a crime.

In Lagos State, it is an offence for any person that impregnated a woman or girl to fail, refuse or neglect to amongst others contribute to maternity related costs from ante-natal to post-natal stages. Abandonment of a pregnant woman or girl includes physical and financial neglect during and after pregnancy, including refusal to provide necessary maternity care and finance.

Maternity-related costs include medical, food, and shelter expenses, determined by the woman’s means and resources, aiming to strike a balance and prevent financial seeking beyond the mother’s means. A person who fails to contribute to maternity costs, including ante-natal and post-natal stages, is punished with a fine of N45, 000.00, and the family and well-wishers can recover any fees or resources spent on the pregnant person.

We wish at this point to state that the VAAP ACT is now operational in Abuja, Anambra, Ebonyi and Oyo state.

References:

1. Section 1, 2, 3, 279 and 420 Criminal law of Lagos State, 2011.
2. https://sabilaw.org/abandonment-of-wife-husband-children-or-dependants-is-a-crime-daily-law-tips-tip-470-by-onyekachi-umah-esq-llm-aciarb-uk/