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 above.
That the Appellant in his defence to the offence under Section 32(4) Child Rights
Law above stated that the level of liberty and maturity exercised by the PW1 in
her relationship with him led him to believe that she was older than eighteen
years.
That it is common fact that girls these days grow bigger and older than their age
and besides the level of liberty she exercised in the relationship suggested to the
Appellant that PW1 was over eighteen.
That the testimony of DW2 and DW3 supported DW1s defence that he believed
PW1 to be over eighteen. PW1 was ever ready to marry the Appellant and it was
DW3 who suggested to her that the prospective husband will come and visit her
parents for her hand (page 77 of the Record). PW1 refused to return home.
That the intention of the Appellant in the alleged offence was innocent. Submits
that Section 32(4) of the Child Rights Law of Ogun State avails the Appellant a
credible defence as he could not reasonably believe that PW1 was merely eight
months short of her eighteenth birthday.
That the liberty, maturity and willingness coupled with the decision of PW1 to
marry and settle down with DW1 are all reasonable grounds for DW1 to believe