My expression as above is not sentimental. Far from it. It is agitated by the facts
and findings of the Courts below relating to the appeal on hand. My learned
brother, Ogunbiyi, JSC, has treated the issues in the appeal to my satisfaction. I
adopt her reasoning and conclusion in dismissing the appeal.
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
punishment. The Sections provide as follows:
282(1) A man is said to commit rape who, save in the case referred to in SubSection (2). Has sexual intercourse with a woman in any of the following
circumstances:
(a) against her will:
(b) without her consent;
(c) with her consent, when her consent has been obtained by putting her in fear
of death or of hurt;
(d) with her consent, when the man knows that he is not her husband and that
her consent is given because she believes that he is another man to whom she is
or believes herself to be lawfully married;
(e) with or without her consent, when she is under fourteen years of age or of
unsound mind;
(2) Sexual intercourse by a man with his own wife is not rape, if she has attained
to puberty.
(283) Whoever commits rape, shall be punished with imprisonment for life or for
any less term and shall also be liable to fine.
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