Justice Sylvanus Oriji of the High Court of the Federal Capital Territory (FCT), sitting at Maitama, Abuja, on Tuesday convicted and sentenced a 27-year-old man, Abdulhameed Ahmed, to life imprisonment for raping a 15-year-old girl, which later resulted in pregnancy.
The convict was brought before the court by the police in the case marked FCT/HC/CR/506/2023, filed on 23 July 2023, on a one-count charge bordering on rape.
First arraigned on 31 January 2024, the convict was accused of luring 15-year-old Bilkisu Haruna to his room under the guise of gifting her a mobile phone and having sexual intercourse with her against her will.
By this, the prosecution said, the convict had committed an offence contrary to Section 31(1) of the Child’s Rights Act Cap 50 Laws of the Federation of Nigeria, 2004, punishable under Section 31(2) of the same law.
During the trial, the prosecution called three witnesses, including the victim, Bilkisu Haruna, her father, Haruna Ardo, and the investigating police officer, Inspector Lorine Osunde.
Ahmed, on his part, testified for himself alongside two other witnesses, Yusuf Abdulganiyu and Khadija Ismaila.
Delivering judgment in the case, Justice Oriji said it was the duty of the court to interpret and apply the provisions of Section 31 of the Child’s Rights Act under which the defendant was charged.
According to him, by virtue of the provisions of Section 31(1) of the Child’s Rights Act, the elements of rape which the prosecution is required to prove beyond reasonable doubt are that the defendant had sexual intercourse with Bilkisu Haruna and that the victim was a child at the time of the alleged offence.
The court noted that evidence shows Ahmed had sex with the victim four times between 2022 and 2023, as stated in his statement to the police tendered as an exhibit in court.
It added that the victim’s father, Haruna Ardo, testified that she was born in 2007, with her birth certificate showing she was born on 15 November 2007, meaning she was less than 15 years old in 2022 when the defendant first had sex with her.
In view of this, the court held that the prosecution had been able to prove the elements of the offence beyond reasonable doubt.
Justice Oriji further held that the convict had neither married Bilkisu nor had sex with her after marriage, adding that there was no evidence before the court to show that it is proper or permissible under Islamic law for a man to have sex with a child or minor before marriage.
According to the judge, the convict’s statement to the police that he did not know Bilkisu was a minor or 15 years old was unavailing, as Section 31(3) of the Child’s Rights Act stipulates that where a person is charged with an offence under the section, it is immaterial that the “offender believed the person to be of or above the age of eighteen years”.
“The court holds that the considered view of Section 1 of the said 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.
“All said and in conclusion, the decision of the court is that the defendant, Abdulhameed Ahmed, is guilty of the offence of rape under Section 31(1) of the Child’s Rights Act,” the judge held.
After listening to the convict’s lawyer’s allocutus as well as interventions from other lawyers present in court, Justice Oriji subsequently sentenced Ahmed to life imprisonment.
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