JOHNSON AJE v. THE STATE (2019) LPELR-46828(CA)
FACTS:
The appellant Johnson Aje on or about the 6th day of September, 2014 at River
Road Orhovie in the Isiokolo Judicial Division had unlawful carnal knowledge in
an uncompleted building with the victim Osaruese Eguakun (f) aged 4 years who
after the act reported to her father and the accused was arrested and charged. At the
conclusion of trial, the appellant was convicted and sentenced. Dissatisfied the
Appellant sought to overturn the decision.
ISSUE: What the prosecution must prove in order to sustain a conviction for the
offence of defilement
JUDGEMENT:
The court cited the case of Boniface Adonike v. The State (2015) 7 NWLR (Pt.
1458) 237 at 284 - 285 in arriving that the provisions of Section 218 creates the
offence of defilement of a girl under the age of 11 years.
The court further ruled that for the prosecution to succeed it must prove the offence
beyond reasonable doubt and ruled that the offence of defilement is the same as the
offence of rape except that for defilement it is immaterial whether the act was done
with or without the consent of the child as a child is not capable of consenting to
sex.

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