It is factual scenario such as this that necessitated the inclusion of Section 32 (4)
into the Child Rights Law of Ogun State which provides thus:
"Notwithstanding anything contained in this section, it shall be a defence to prove
the appellant believed on reasonable grounds that the child was of the age of
eighteen years or above."
Evidence in the case reveal some fiduciary relationship between the appellant and
the prosecutix in the sense that appellant was a teacher of the Prosecutrix PW1
and by reason thereof was able to exercise undue influence over the girl.
For a teacher to begin to have affairs with his JSS3 student over a period without
involving the parents of the girl smacks more of taking undue advantage of the
girl in a Pupil/Teacher relationship. The undue influence seems to me to negate
the provision of Section 32(4) and so the appellant cannot reasonably believe the
prosecutrix to be 18 years or above.
By reason of the undue influence appellant exercised over the girl, the defence of
Section 32 (4) cannot avail the appellant.
I agree with the lead judgment of my lord Monica Bolna'an Dongban-Mensem JCA
in the lead judgment and the orders made therein.
Appearances:
Adeboye Adesanwo (held brief for L.A.O. Nylander)For Appellant(s)
B.A. Adebayo (Admin. Gen. & Public Trustee Ogun State Ministry of Justice) with
F.E. Bolarinwa Adebowale (A.C.S.C) Ministry of JusticeFor Respondent(s)>
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