Life imprisonment

The police arraigned Ahmed on July 21, 2023 for rape.

Delivering judgment, Justice Slyvanius Oriji, held that in the instant, the duty of the court was to interpret and apply the provisions of the Section 31 of the Act under which the defendant was charged.

” By virtue of the provisions of Section 31(1) of the Act, the elements of the offence which the prosecution is required to prove beyond reasonable doubt are: that the defendant had sexual intercourse with the victim, that she was a child as at that date of the alleged offence.

” The evidence in court shows that the defendant had sexual intercourse with the minor four times between 2022 and 2023 ” he said.

The judge noted that, the above was contained in the defendant ‘s statement made to the police in April 18, 2023.

The evidence of the minor ‘s father (PW3) to the court stated that the child was born in Nov 15, 2007, she was less than 18 years as in Section 277 of the Act.

” From the foregoing, the court holds that the prosecution proved the elements of the offence charged beyond reasonable doubt” he held.

Oriji noted that, he defendant told the court in his evidence that the mother of the minor was aware of relationship because it was through her phone that he spoke with the minor.

He added further that trying to defend the offence, the defendant ‘s counsel applied for doctrine of equity.

” The court holds that it can not be applied here to defeat the intention of the legislature in the clear words of the Child’s Rights Act.

“The counsel also urged the court to apply Section 1 of the Act and enter a verdict of not guilty in favour of the defendant.

” The court holds the considered view that Section 1 of the Act cannot be a basis to reach a decision that the defendant is not guilty of the offence which has been proved by the prosecution beyond reasonable doubt ” he said.

He held that it is worthy to note that Section 31 of the Act did not make provisions for any exculpatory factor on circumstance.

He added that the court can not add to the Act, what the legislature did not enact.

” The decision of the court is that Abdulhameed Ahmed is guilty of the offence of rape under Section 31(1) of the Child’s Rights Act” he held.

The police said that Ahmed, who lives in Sabon Lugbe , Abuja, in January 2023 lured a minor 15 (name withheld) of Angwan Fulani, Aso Lugbe to his house with a promise to give a mobile phone and had sexual intercourse with her against her will.

The police said the offence is ontrary to the provisions in Section 31(1)of the Child’s Rights Act appropriately 50 laws of the Federation of Nigeria, 2004, punishable under the same section. (NAN)