"Appellant's further claim that the two Courts are wrong in their findings on the
alibi the appellant raised, given exhibit A, his confession that situated him at the
scene and time of the offence for which he is convicted, equally crumbles. That
apart, as rightly found by the two Courts, the appellant neither raised the defence
timeously nor furnished the particulars of those he said he was with at the farm at
the time relevant to the rape he committed. In any event, the defence of alibi
crumbles in the face of stronger evidence which, in the case at hand, PW1's
testimony and exhibit A, appellant confessional statement are. SeeObiode V, The
State (1970) 1 ALL NLR 35, Chukwu V. State (1996) 7 NWLR (Pt 463) 686, Ani V.
State (2009) 14 NWLR (Pt 1168) 443 and Alhaji Musa Sani V. The State (2015)
LPELR-24818 (SC)." Per MUHAMMAD, J.S.C. (P. 23, Paras. A-E) (...read in context)
5. CRIMINAL LAW AND PROCEDURE - OFFENCE OF RAPE: Whether in an offence of
rape a child who is under the age of 14 years is capable of giving consent
"It is important to note that under the Penal Code a child who is under the age of
14 years is incapable of giving consent. See: Sections 39 (c) and 282 (1) (e) of the
Code. See also: Shuaibu Isa Vs Kano State (2016) LPELR - 400 11 (SC). Therefore
once it is proved that the accused person had sexual intercourse or unlawful
carnal knowledge of a girl under the age of 14 years, he is guilty of rape." Per
KEKERE-EKUN, J.S.C. (Pp. 30-31, Paras. F-B) (...read in context)