* 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

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