Advocates Push for Penalties Against False Sexual Assault Accusations

In Nigeria’s judicial landscape, the consequences of false sexual allegations are coming under renewed scrutiny as victims of such claims face devastating personal and professional losses with limited recourse against their accusers.

The case of Adewale Bakare illustrates the profound impact of false accusations. The teacher spent four years fighting rape allegations in court, including a month in Kirikiri Maximum Security Prison, before being declared not guilty. During this ordeal, he was placed on half salary and nearly lost his family stability when his wife’s high-risk pregnancy was threatened by the stress of his arrest.

“I can’t believe anyone should go through this. I was humiliated and tormented for an accusation I know nothing about,” Bakare said after his acquittal.

His arrest came as a complete shock. “I wondered what I had done. My wife who was battling high blood pressure was also in the house and she got really agitated,” he recalled. The allegations claimed he had defiled a JSS 1 student twice in his office—claims the girl later denied on video, according to Bakare.

Despite the recorded denial, the case proceeded to court. During this period, Bakare’s wife delivered their child prematurely, requiring the baby to be placed in an incubator. Bakare was unable to see his wife or newborn during his month-long imprisonment. The experience inflicted significant emotional and psychological trauma on the family.

Yet, despite the eventual vindication, Bakare’s accuser faced no penalties for the false claims.

This pattern has repeated in several high-profile cases. In early 2024, TikTok user Abigail Nsuka posted a tearful video alleging rape and mutilation, later sharing screenshots of supposed threats aimed at silencing her. Similarly, Obafemi Awolowo University student Adewale Adeola Adeife publicly accused fellow student Ojuko Adefesobi of rape on social media before recanting and admitting the allegation was false.

In another case, a Lagos High Court issued an arrest order for Rahmat Omolara Animashaun after investigations found no evidence supporting her claims that her estranged husband sexually abused their children.

Legal experts note that while Nigeria has provisions addressing false allegations generally, there is no specific legal framework for false sexual violence claims. The Violence Against Persons Prohibition (VAPP) Act primarily focuses on protecting victims rather than addressing false accusations.

Adeola Awogbemi, an international development expert, emphasized the delicate balance required: “Justice must protect genuine survivors, but it must also protect individuals from malicious accusation, reputational destruction, and public mob judgment.”

She distinguishes between three scenarios: reports made in good faith that cannot be proven, reports weakened by trauma or poor documentation, and reports deliberately fabricated with malicious intent. Only the third category, Awogbemi argues, should attract criminal sanctions.

“The threshold for punishing a false accuser should remain high and should require evidence of bad faith and intentional deception. Otherwise, we risk punishing vulnerability instead of wrongdoing,” she explained.

Feyikemi Omoniyi, Executive Director of Springwell Development Initiative, noted that while Nigerian law can theoretically address false allegations, prosecutions are rare. “Even when laws exist, prosecutions for false allegations are rare,” she said, adding that authorities remain cautious about potentially discouraging legitimate reporting.

The consequences of unchecked false allegations extend beyond the accused. They erode public confidence in the justice system and harm genuine survivors by providing ammunition to those who dismiss legitimate claims of sexual violence.

Experts recommend several reforms, including enhanced investigative capacity in sexual violence cases, clear prosecutorial guidance specifying that only deliberate fabrications warrant sanctions, stronger safeguards against digital vigilantism, and standardized protocols for handling sexual misconduct allegations in institutions.

As Nigeria continues to strengthen protections for survivors of sexual violence, finding the appropriate balance between encouraging reporting by genuine victims while deterring malicious false accusations remains a critical challenge for the justice system.