The facts of this case are clear, lucid and uncomplicated. They reveal the sadistic
attitude of a man saddled with the duty of tutoring a child/young girl placed in his
care in one of our places of "learning". Instead of teaching and imparting
knowledge and good morals in the unfortunate young girl, the Appellant decided
to be the devil's advocate.
The Appellant did not deny the fact that he had sexual intercourse with her. In
fact the Appellant admitted disvirgining the prosecutrix when she was in Junior
Secondary School. He later, after her Senior Secondary School, lured her into his
home, detained her on the pretext that he wanted to marry her.
If indeed, he had the intention of marrying her, why give her the pill to prevent
her from getting pregnant. The conduct of the Appellant clearly evinced the
attitude of a person who wanted to have good time with the prosecutrix and later
on dump her. The crux of the matter, however, is that the Appellant had sex with
the prosecutrix when she had not attained adulthood or the age of consent.
Whatever "consent" the prosecutrix gave, as alleged by the Appellant was
incontrovertibly negatived by the evidence placed by the prosecution before the
Court. If the Appellant contends that he reasonably believed that the child was of
the age of 18 years and above, he had the onus to place before the Court facts
which would enable the Court determine whether or not his beliefwas reasonable
or unreasonable. Whatever conduct the prosecutrix exhibited which formed the
basis of his beliefcannot stand in view of the evidence before the Court. The
Appellant, was her teacher but did not bother to investigate whether or not she
was of the required age of consent. He was consumed with passion for the
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