Winning the Fight but Losing the Battle: Beyond the Successful Prosecution of Unlawful Carnal Knowledge of the Girl-Child in Nigeria

Abstract

This paper examines the attitude of Nigerian courts to sentencing in the offence of unlawful carnal knowledge of the girl-child. It compares the positions of the two criminal statutes in Nigeria to unveil the sentencing limit allowable in Nigerian criminal jurisprudence and notes that the courts have habitually imposed far lower sentences than contemplated in the statutes. The paper concludes that awarding lighter sentences in cases of child rape in Nigeria has not served to remedy the mischief of male adult taking advantage of the innocence of children to defile them and that such sentencing pattern is against public policy in Nigeria. It recommends the way to correct this anomaly by appellate courts, so as to deter would-be pedophiles in Nigeria.