The sequence of events in this case establishes a clean nexus between
the accused and the act. The victim was not the wife of the accused and
no justification has been advanced, neither have I seen any on record to
suggest that the sexual intercourse was a lawful one. I therefore hold
that the sexual intercourse was unlawful and this I shall again hold as a
fact.
The first and third elements of the offence have therefore been
satisfactorily established by the prosecution. I resolve same in favour
of the prosecution.
It is so obvious that the prosecutrix at the age of four (4) was too tender
to consent to any form of sexual activity. She accordingly could not,
and did not give her consent to that sexual activity, and this I shall
again hold as a fact. The prosecution therefore also proved this fact
beyond reasonable doubts.
From the foregoing, I reach the conclusion that the prosecution proved
its case with the certainty required by law. The accused person
MOMODOU CAMARA is accordingly found guilty and convicted as
charged.
EMMANUEL A. NKEA
JUDGE
6