Sep 5, 2014


Source: Google

It’s been a long week for John, finally it’s TGIF and he can’t wait to get out of his work routine and meet up with Bisi, a very beautiful girl he just met at the mall the previous week, they had exchanged text messages and phone calls for the past week and it just seemed like an eternity before their date at 5pm.  John was turned up and excited at the thought of dining with Bisi and he hoped to invite her to his apartment later on in the night. 

Finally, its 10pm, after a lovely meal at the Chinese restaurant in Ikeja G.R.A, Bisi and John are sitting on his couch paying little attention to the News on Channelstv and finally John makes his move, he tries to kiss Bisi but she refuses and playfully pushes him away. John who does not intend to take no for answer holds Bisi down and begins to touch her. Bisi is scared at this point and shouts for John to leave her alone, John pays no heed to her calls for freedom, he forces himself upon her and rapes her. 

By provision of Chapter 30 of the Criminal Code Act, CAP C38, Laws of the Federal Republic of Nigeria, 2004; Section 357 provides that;
“Any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of harm, or by means of false and fraudulent representation as to the nature of the act, or, in the case of a married woman, by personating her husband, is guilty of an offence which is called rape”.

The law further provides that any person who commits the offence of rape is liable to imprisonment for life, with or without caning while a person who attempts to commit the offence of rape is guilty of a felony, and is liable to imprisonment for 14 years, with or without caning.

Chucks, Femi, Aminu and Teju are flat mates. Chucks invites a girl he met earlier over. Immediately she walks in, Chucks locks the door, Femi holds her hands, Aminu rips off her clothes and Teju covers her mouth to prevent her from screaming, they physically assault her but however do not rape her before they let her go. 

Section 360 of the Criminal Code Act further states that any person who unlawfully and indecently assaults a woman or girl is guilty of a misdemeanor, and is liable to imprisonment for two years. Also any person who, with intent to marry or carnally know a female of any age, or to cause her to be married, or carnally known by any other person, takes her away, or detains her against her will, is guilty of a felony, and is liable to imprisonment for seven years.

Hakeem approaches his friend Mustapha for the hand of his 14 year old daughter, Amina in marriage but Mustapha refuses. Hakeem then lures Amina to his hotel where he hides Amina for 3 days. Mustapha is distraught at the disappearance of his daughter and after involving the police discovers Amina in Hakeem’s hotel.  

Section 362 of the Act states that any person who unlawfully takes an unmarried girl under the age of sixteen out of the protection of her parents or guardians against the will of such parents will be guilty of a misdemeanor, and is liable to imprisonment for two years. It is immaterial if the offender believed the girl to be above the age of sixteen or if the girl was taken with her consent.

It is important that any female who has been the victim of any of the acts mentioned above should file a complaint at the police station nearest to her in other to ensure the prosecution of the offender.

Adedunmade Onibokun Esq.
@adedunmade  Adedunmade Onibokun is a legal practitioner, publisher and blogger. He holds an LLM in International Business Law from the University of Bradford and publishes the Nigerian law blog Legalnaija.

1 comment:

  1. Great blog!! Keep up the good work!

    Its great to know that the penalty for rape is up to life in prison, but in my opinion i think that is a very extreme punishment and may not lead to as much convictions. I would be interested in knowing how many cases have actually been tried using that penalty


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