See Okoyomon v State (1973) 1 SC p.21 Under the Penal Code, applicable in the Northern part of Nigeria the offence of rape is committed if a man has sex with a female without her consent. The offence is established once the man's penis penetrates the virgina of the female, no matter how slight the penetration rape is committed. The emission of semen into the vault of the vagina is unnecessary, and if the female is under the age of fourteen her consent is immaterial. PW1, the young girl raped by the Appellant was raped when she was 9 years old. The identity of the rapist is not in doubt. The Appellant and the young girl were arrested and taken to the Police Station while in the act. See the testimony of PW2. Exhibit A, the Medical Report reveals that PW1's hymen was partially broken. This shows penetration to some extent. The offence of rape was complete when the Appellant's erect penis slightly penetrated the vault of PW1's vagina and partially ruptured her hymen. The issue of whether PW1 consented is irrelevant since she was unable to consent, being only 9 years old at the time. It is only if PW1 was 14 years or over that the issue of consent becomes relevant. On the facts before the Courts this is a clear case of rape.