For the purposes of determining the legal age of sexual consent, we shall be relying on the provisions of the Child Rights Act (2003). However, we must understand that the in 2003, Nigeria adopted the Child Rights Act to domesticate the Convention on the Rights of the Child. Although this law was passed at the Federal level, it is only effective if State Assemblies also enact it.
To date, only about 16 of the country's 36 States have passed the Act. The Act aims to promote and protect the rights of children and it is quite important that other states in Nigeria yet to adopt same do so in the interest of the children of that state.

With regard to sexual intercourse with children, the Act provides in Section 31, that-


(1) No person, shall have sexual intercourse with a child.

(2) A person who contravenes the provision of Subsection (1) of this section commits an offence of rape and is liable on conviction to imprisonment for life.

(3) Where a person is charged with an offence under this section, it is immaterial that—
(a) the offender believed the person to be of or above the age of eighteen years ; or
(b) the sexual intercourse was with the consent of the child.

Invariably, it doesn't matter whether or not the consent of the girl child was sought before sex. The age bracket will be well considered.

Barr Ayo.

Credit: Legal Naija.