prosecutrix was between the age of 11 and 12 years of age." Per MUHAMMAD,
J.S.C. (Pp. 31-32, Paras. B-A) (...read in context)
7. CRIMINAL LAW AND PROCEDURE - OFFENCE OF RAPE: Ingredients which the
prosecution must prove to sustain the conviction of the offence of rape
"The law is settled and well grounded that the prosecution has the burden and
duty to prove the accused person guilty of the following ingredients in order to
sustain the conviction of the offence of rape: (a) that the accused had sexual
intercourse with the prosecutrix; (b) that the act of sexual intercourse was done
without her consent or that the consent was obtained by fraud, force, threat,
intimidation, deceit or impersonation;(c) that the prosecutrix was not the wife of
the accused; (d) that the accused had the mensrea, the intention to have sexual
intercourse with the prosecutrix without her consent or that the accused acted
recklessly not caring whether the prosecutrix consented or not.(e) that there was
penetration.See Ogunbayo V. State (2007) 8 NWLR (Pt 1035) 157; Upahar v. State
(2003) 6 NWLR (pt 816) 230; State V. Ojo (1980) 2 NCR 391; Okoyomon V. State
(1973) 1 SC 21; State V. Anolue (1983) 1 NCR 71 and Iko V. State (2001) 14 NWLR
(Pt.732) 221.' Per OGUNBIYI, J.S.C. (Pp. 11-12, Paras. E-C) (...read in context)
8. CRIMINAL LAW AND PROCEDURE - OFFENCE OF RAPE: Statutory provision as
regards the offence of rape and its punishment
"Section 282 and 283 of the Penal Code. No. 18 of 1959, designated as Cap 89 in
the Laws of Northern Nigeria, 1963, relate to the offence of rape and its