*
92. Regarding the age of the victim, the Respondent State avers that the trial
courts assessed and determined the age. Furthermore, the issue of the
victim’s age was never raised by the Applicant during cross examination. It
submits that according to paragraph 2 of the Judgment of the Court of
Appeal, the said court held that; “The ground relating to the age of the victim
need not detain us. It is clear from the charge sheet that the appellant was
charged with statutory rape and the victim was 16 years old.”
93. The Respondent State avers that the corroborative evidence of PW1, PW2,
PW3 and PW4, as reported in the record of proceedings, clearly reveals that
the victim never consented. The Respondent State surmises that, according
to its Penal Code Cap 16 of the Laws, the issue of consent is immaterial
when it comes to proving the offence of statutory rape.
***
94. Article 7(1) of the Charter stipulates that:
1)
Every individual shall have the right to have his cause heard. This
comprises:
a)
The right to an appeal to competent national organs against
acts of violating his fundamental rights as recognized and
guaranteed by conventions, laws, regulations and customs
in force;
b)
The right to be presumed innocent until proved guilty by a
competent court or tribunal;
c)
The right to defence, including the right to be defended by
counsel of his choice;
d)
The right to be tried within a reasonable time by an impartial
court or tribunal.
25
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents