LOCATING THE CONSTITUTIONAL BASIS FOR THE LAWS PROHIBITING FEMALE GENITAL MUTILATION OR CUTTING IN NIGERIA

ABSTRACT: The prohibition of the practice of “FGM/C” has been resisted in some parts of Nigeria both for cultural and social reasons thus throwing up the question of constitutionality of the Violence Against Persons Prohibition Act, 2015 which expressly outlawed the practice. To resolve this quagmire, this paper critically analyzed the provisions of the VAPP Act, 2015 relating to FGM/C and subjected it to scrutiny alongside relevant constitutional provisions. The paper established that the VAPP Act is valid and constitutional as its prohibition of the practice of FGM/C accords with the constitutionally guaranteed rights to dignity and freedom from discrimination. It was therefore recommended that the prohibition of FGM/C should be embraced and that the provisions of the VAPP Act should be adopted and domesticated in all the States in Nigeria so that there will be an end to the practice of FGM/C and its associated health and human rights infractions.

KEYWORDS: Cutting, Dignity, Female, Genital, Mutilation