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An Abuja High Court sentenced 27-year-old Abdulhamid Ahmed to life imprisonment for the defilement of a 15-year-old girl.
The police charged Ahmed with rape on July 21, 2023.
In his ruling, Justice Sylvanus Oriji stated that the court's responsibility was to interpret and apply the provisions of Section 31 of the Act under which Ahmed was charged.
He explained that the prosecution must prove beyond a reasonable doubt that the defendant had sexual intercourse with the victim, and that she was a minor at the time of the alleged offence.
The court found evidence showing that the defendant engaged in sexual intercourse with the victim four times between 2022 and 2023, which was also included in his statement made to the police on April 18, 2023.
The victim's father testified that she was born on November 15, 2007, confirming her status as a minor under Section 277 of the Act.
Justice Oriji concluded that the prosecution satisfactorily proved the elements of the offence.
He noted that the defendant claimed the minor's mother was aware of their relationship because he communicated with the girl through her phone.
The defendant’s lawyer attempted to argue for the application of the doctrine of equity but the judge stated that such application could not override the clear intent of the Child’s Rights Act.
The counsel also requested the court to apply Section 1 of the Act and deliver a not guilty verdict, but the court maintained that this section could not invalidate the prosecution's evidence.
The judge emphasized that Section 31 of the Act contains no exculpatory factors and that the court cannot add provisions that the legislature did not include.
Ultimately, the court found Abdulhamid Ahmed guilty of rape under Section 31(1) of the Child’s Rights Act. The police reported that Ahmed, residing in Sabon Lugbe, Abuja, lured a 15-year-old girl from Angwan Fulani, Aso Lugbe, to his home in January 2023 with a promise of a mobile phone, then proceeded to have sexual intercourse with her without her consent.
This act violates the provisions of Section 31(1) of the Child’s Rights Act, which is punishable under the same section according to Nigerian law.
