The Supreme
Court on Friday affirmed the five-year jail term with hard labour passed on
Afor Lucky for raping a minor. The option of N300, 000 fine was also upheld by
the apex court.
Delivering the judgment, Justice Sylvester Ngwuta held that it
was proved beyond reasonable doubt that the convict had forceful carnal
knowledge of the minor.
“The convict has successfully killed something in the
psyche of the victim, leaving the poor girl devastated and with a permanent
scar for life.
“The principle of inviolability of a sentence not appealed
against, which I am duty bound to apply herein most regrettable and painfully
appears to give credence to the saying that the law is an ass.
“Maybe the
asinine attribute is not inherent in the law but in the application of its
provision as amply demonstrated in this case.
“The provision has provided for
14 years maximum jail term for rape but the trial judge decided to give Lucky
five.
“In conclusion, having resolved the five issues, except one, against the
convict, I therefore dismiss the appeal for want of merit.
“The judgment of the
Court below which affirmed the judgment of the trial Court is hereby
affirmed,’’ Ngwuta held.
The convict was charged with rape, punishable under
Section 358 of the Criminal Code Cap C21 Vol.1 Laws of Delta State of Nigeria,
2006.
The particulars of offence held that Lucky, on or about April 7, 2007 at
Ole in Delta State, had carnal knowledge of the five-year-old girl. Lucky was
tried and convicted as charged in the High Court of Delta State.
Dissatisfied with
the decision of the trial court, the convict approached the Court of Appeal,
Benin City, which dismissed his appeal on Nov.17, 2014.
Further dissatisfied
with the outcome of his appeal, Lucky sought the intervention of the apex court
on six grounds of appeal. The convict had asked the court to decide whether the
Court of Appeal was right to have held that his counsel conceded that rape was
committed.
He had also asked the court to say whether the Court of Appeal did
not speculate when held that he (convict) had sexual intercourse with the
minor.
The convict further asked that court to decide whether in the
circumstances of the case, the Court of Appeal was right in holding that the
defence of alibi was not open to him. He also wanted the apex court to decide
whether the evidence of the medical doctor, in the circumstances of the case,
amounted to corroboration.
And finally, the convict had asked the most superior
court to decide whether allocution amounts to admission of guilt.
An allocution
or allocutus is a formal statement made to the court by the defendant who has
been found guilty, prior to being sentenced.
