1. "Statutory rape" comes to play if a person (presumably an adult) engages in nonforcible (or consensual) sexual activities with a minor. It is "statutory rape" because one of the parties has not attained the...
2) ...statutory age of consent. By Nigeria's Statutory Law, particularly section 31 of the Child Rights Act, 18 is the age of consent.
It should be noted Nigerian law does not explicitly define or provide for “statutory rape.” This means, statutory rape can only be deduced...
3) ...from the provision on statutory age of consent.
What is covered by Nigerian law is the general case of “rape”, and no exemption under any of sections on rape explains Nigeria’s legal position when the perpetrator and victim are under the statutory age of consent.
4) Principally, see section 357 of the Criminal Code Act, section 282 of the Penal Code, and section 1 of the Violence Against Persons (Prohibition) (VAPP) Act.
In the #ChrislandSchools case, both the perpetrators and the victim are under the age of consent. Hence, statutory...
5) ... rape cannot be said to have occurred.
In situations like this, countries like the UK and the US have the "Romeo and Juliet Laws" (also called the 'close-in-age' exemption). This law, or exemption, is used as the legal basis for preventing criminal prosecution in cases...
6) ...where both perpetrators and victims are underaged and are close in age - usually within four years apart.
Ideally, situations where the perpetrator and victim are underage should be covered as an exemption under the general law on rape; but, because none of Nigeria's...
7) ...criminal laws have such exemptions, if a criminal suit is instituted, the closest law that may be used is what is currently covered as rape. If this is done, I'd argue that the drafters of the law did not contemplate nonforcible sexual activities between two minors.
8) Question is, has a crime been committed by the children (boys and girl) in the #ChrislandSchools incident? No! This is because the Nigerian law is inchoate or silent in such situations, and it cannot be said that a crime has been committed by the children. Note that...
9) ...section 36(8) of Nigeria's Constitution essentially provides that a person cannot be held to be guilty of a crime if at the time such action took place it was not provided in any law as a crime or offence.
Even if it's believed that children have committed a crime or an...
10) ...offence, in this case, two laws must be borne in mind in relation to child offenders in Nigeria.
First is section 30 of Nigeria’s Criminal Code Act where it is stated that “… a person under the age of twelve years is not criminally responsible for an act or omission,...
11) ...unless it is proved that at the time of doing the act or making the omission he had capacity to know that he ought not to do the act or make the omission.”
Second is the Children and Young People's Act (CYPA), which essentially provides that a child between the ages of...
12) ...7 and 12 cannot be held criminally responsible unless it can be proven that the child has the capacity to know that his/her actions or omission should not have been carried out, and that he/she has the capacity to understand the implications of the said action.
13) Generally, the CYPA, in view of its mandate, defines a child as a person under fourteen.
Summarily, no crime has been committed by any of the children. Where an action may be brought is between the parents and the school, which is another conversation entirely.
Can a legal case of negligence be brought against #ChrislandSchools?
Straight answer: YES!
1) Negligence occurs when a person - or an institution as is this case, fails to be careful, and that carelessness leads to damage. Oxford Dictionary defines negligence as “the failure...
2) ...to do or recognize something that a reasonable person would do or recognize.” Negligence is a civil wrong or tort and it is a ground for legal liability.
In the #ChrislandSchools incident, there is clearly an omission or failure to take necessary actions and exercise...
3) ...the standard of care that a reasonable person or institution will take in protecting the children against the risk of sexual activities and the consequences arising therefrom. This is particularly so in our overly sexualized world and considering that sexual activities...
1. This graph is from my Baze University student portal. It shows my GPA per semester on a scale of 0 - 4. I did 8 semesters, having started from 200 level, as direct entry. But, beyond showing my grades, the graph depicts my bumpy ride to a 1st Class degree in Law.
Follow me...
2. At the time I started the Law program, I was going through the most difficult phase of my life. As you can see, I had the lowest GPA at that time. At some point, giving up became an option; perhaps, it'd satisfy those that labelled me an irresponsible career woman.
3. Save for two close friends who defiantly cracked through my walls, I kept to myself the deep depression that had become my reality.
It was at the bridge above Berger roundabout in Abuja. I had parked to send a short message. A young boy passed, pushing a cart. He looked tired. I stopped him and gave him N1k. He thanked me and left.
About 3 minutes after, just as I finished and about leaving the spot, a guy came wearing a black 'coat', and flung open the passenger side door. It was not locked as the central lock engine has been bad. In panic, I screamed, and tried to start the car. I was confused.
/2
To free my right hand, I threw the phone on the passenger side seat. He grabbed it, my bag and the N19k that was remaining on the seat. I didn't realize the car had been on. I switched it off. Then on. I was too confused to push the gear to drive. I even put on the CD player.
/3
A sex worker called police on my driver saying he looks like the man that robbed her at about 3am on 4th March. He's been locked up since Saturday night. The lady has refused to come to the station and stopped picking her calls. She claimed...
...the person used a knife to cut her while robbing her of her phone and bag. That she bit the person and also cut the person with the knife causing injury on him; and that was how she escaped. My driver's body has been checked, no scar of such. He's been weeping like a child.
My driver explained how tens of 'ashawos' gathered on him; and how once the screeming started, no one could hear his side until the police came.
I'm fagged out, sleepy, and hungry; but sitting here for some hours is nothing but more lessons about life, and us!