"...The contention of the Respondent is that the issue of consent cannot avail the
Appellant as envisaged in the case of Isa v. The Kano State (2016) LPELR - 40011
SC Pg. 10-11. The fact of the case is that the Appellant raped a girl aged 8 years.
The Appellant lured the prosecutrix with money to buy him pure water and upon
bringing the pure water; the Appellant dragged her to an uncompleted building
and raped her before she was rescued. At the conclusion of the trial, the
Appellant was sentenced. The trial Court found the Appellant guilty as charged
and convicted him accordingly to 10 years imprisonment. Dissatisfied, the
Appellant appealed to the Court of Appeal, the Appellate Court affirmed the trial
Court's decision. Dissatisfied the Appellant appealed to the Supreme Court. The
Court held that the act of rape is by nature unlawful because the concept involves
an aggressive carnal knowledge of a female without her consent. Consent in this
context must be devoid of any form of external influence. A child who is under
age is not however capable of giving consent. Rape by nature is grave, devastating
and traumatic. It also reduces the totality of the victim's personality. Several
definitions given to rape are all characterized by an absence of consent as a
common feature. - Elias JSC. It was on this ground, that the appeal was
dismissed." Per DONGBAN-MENSEM, J.C.A. (Pp. 13-14, Paras. A-B) (...read in
context)
MONICA
BOLNAAN
DONGBAN-MENSEM,
J.C.A.(Delivering
the
Leading
Judgment):This is an appeal against the Judgment of the High Court of Ogun