₦airaland Forum

uzolexis:
Thanks dear

Avalani:
The important clause here is

"unlawful carnal knowledge of a girl under the age of thirteen years is guilty of a felony"

With the key word being

"unlawful"

Meaning there is a way to, and you can, have "lawful" carnal knowledge of a girl under the age of thirteen...

Simply put, if you have the money or influence, you can marry a 13 year old child and have lawful sex with her

naptu2:
This is what the act (Chris Anyanwu's bill) actually says.

(You can download the bill from the National Assembly's website. Click on the link below and click "Sexual Offences Bill 2014)

http://www.nassnig.org/nass/legislation2.php?search=sexual+offences&Submit=Search

naptu2:
Imagine if someone picks out just one subsection from below and tries to use just that subsection alone to determine what the age of consent is in Nigeria and what the punishment for defilement is.

(Note: This is the old law).

218.         Any person who has unlawful carnal knowledge of a girl under the age of thirteen years is guilty of a felony, and is liable to imprisonment for life, with or without caning.                

Any person who attempts to have unlawful carnal knowledge of a girl under the age of thirteen years -is guilty of a felony, and is liable to imprisonment for fourteen years, with or without caning.                

A prosecution for either of the offences defined in this section shall be begun within two months after the offence is committed. 

A person cannot he convicted of either of the offences defined in this section upon the uncorroborated testimony of one witness.


219.         Any person who, being the owner or occupier of any premises, or having, or acting, or assisting in the management or control of any premises, induces or knowingly permits any girl of such age as is in this section mentioned to resort to or be in or upon such premises for the purpose of being unlawfully carnally known by any man, whether a particular man or not, is guilty of an offence.                 

If the girl is of or above thirteen and under sixteen years of age, he is guilty of a misdemeanour and is liable to imprisonment for two years, with or without caning.                

If the girl is under the age of thirteen years, he is guilty of felony, and is liable to imprisonment for life, with or without caning. 


220.       *It is a defence to a charge of any of the offences defined in the last preceding section to prove that the accused person believed, on reasonable grounds, that the girl was of or above the age of sixteen years. 

221.         Any person who- (1)            has or attempts to have unlawful carnal knowledge of a girl being of or above thirteen years and under sixteen years of age; or 

(2)             knowing a woman or girl to be an id.iot or imb*ecile, has or attempts to have unlawful carnal knowledge of her;                  


is guilty of a misdemeanour, and is liable to imprisonment for two years, with or without caning.                


*It is a defence to a charge of either of the offences firstly defined in this section to prove that the accused person believed, on reasonable grounds, that the girl was of or above the age of sixteen years.                 

A prosecution for any of the offences defined in this section shall be begun within two months

A person cannot be convicted of any of the offences defined in this section upon the uncorroborated testimony of one witness. 



222.         Any person who unlawfully and indecently deals with a girl under the age of sixteen years is guilty of a misdemeanour, and is liable to imprisonment for two years, with or without caning.               

  If the girl is under the age of thirteen years, he is guilty of a felony and is liable to imprisonment for three years, with or without caning.                

*It is a defence to a charge of the offence defined in this section to prove that the accused person believed, on reasonable grounds, that the girl was of or above the age of sixteen years.                

The term "deal with" includes doing any act which, if done without consent, would constitute an assault, as hereinafter defined.



 222A.  (1)       Whoever, having the custody, charge or care of a girl under the age of sixteen years, causes or encourages the seduction, unlawful carnal knowledge or prostitution of, or the commission of an indecent assault upon, such a girl, shall be liable to imprisonment for two years.   

(2)         For the purposes of this section, a person shall be deemed to have caused or encouraged the seduction, unlawful carnal knowledge or prostitution of, or the commission of an indecent assault upon, a girl who has been seduced, unlawfully carnally known, or indecently assaulted, or who has become a prostitute, if he has knowingly allowed her to consort with, or to enter or continue in the employment of, any prostitute or person of known immoral character. 



222B.  (1)       Whoever, having the custody, charge or care of a child or young person who has attained the age of four years and is under the age of sixteen years, allows that child or young person to reside in or frequent a brothel, shall be liable. to a fine of one hundred naira or to imprisonment for six months or to both such fine and imprisonment.

 (2)            If upon the trial of a person charged with an offence against section 219 the facts proved in evidence authorise a conviction for an offence against this section, the person charged may be convicted of the offence against this section although he was not charged with that offence.

http://www.nigeria-law.org/Criminal%20Code%20Act-PartIII-IV.htm#Chapter 21

naptu2:
I have banned myself from engaging in long and unending arguments on nairaland (for obvious reasons), but this is one of those times that I wish I could violate the ban.

"National Assembly sets 11 years as the age of consent in Nigeria".

What level of stupidity is this? What kind of ignorance is this?

I remember how I wasted my time and almost ruined my health the last time people ignorantly spread this kind of stories. At that time they claimed that the National Assembly wanted to legalise child marriage.

The criminal code specifies punishments for people who commit the offence called defilement. The punishments are usually graduated and the determining factor is the age of the minor. For example, a person who has sex with a child below the age of 13 would be sentenced to life imprisonment, a person who has sex with a child between the ages of 13-16 would be sentenced to 5 years in prison and someone who has sex with a child that is between the ages of 16-18 years would be sentenced to 2 years in prison.

Now, the silly person that created this sensation probably only looked at one subsection in the act and went ahead to write the very stupid headline that he wrote, and Nigerians, as usual, will not bother to find out if he is right or wrong, but will rather react emotionally.

naptu2:
This is what the act (Chris Anyanwu's bill) actually says.

(You can download the bill from the National Assembly's website. Click on the link below and click "Sexual Offences Bill 2014)

http://www.nassnig.org/nass/legislation2.php?search=sexual+offences&Submit=Search

naptu2:
Imagine if someone picks out just one subsection from below and tries to use just that subsection alone to determine what the age of consent is in Nigeria and what the punishment for defilement is.

(Note: this is the old law)

218.         Any person who has unlawful carnal knowledge of a girl under the age of thirteen years is guilty of a felony, and is liable to imprisonment for life, with or without caning.                

Any person who attempts to have unlawful carnal knowledge of a girl under the age of thirteen years -is guilty of a felony, and is liable to imprisonment for fourteen years, with or without caning.                

A prosecution for either of the offences defined in this section shall be begun within two months after the offence is committed. 

A person cannot he convicted of either of the offences defined in this section upon the uncorroborated testimony of one witness.


219.         Any person who, being the owner or occupier of any premises, or having, or acting, or assisting in the management or control of any premises, induces or knowingly permits any girl of such age as is in this section mentioned to resort to or be in or upon such premises for the purpose of being unlawfully carnally known by any man, whether a particular man or not, is guilty of an offence.                 

If the girl is of or above thirteen and under sixteen years of age, he is guilty of a misdemeanour and is liable to imprisonment for two years, with or without caning.                

If the girl is under the age of thirteen years, he is guilty of felony, and is liable to imprisonment for life, with or without caning. 


220.       *It is a defence to a charge of any of the offences defined in the last preceding section to prove that the accused person believed, on reasonable grounds, that the girl was of or above the age of sixteen years. 

221.         Any person who- (1)            has or attempts to have unlawful carnal knowledge of a girl being of or above thirteen years and under sixteen years of age; or 

(2)             knowing a woman or girl to be an id.iot or imb*ecile, has or attempts to have unlawful carnal knowledge of her;                  


is guilty of a misdemeanour, and is liable to imprisonment for two years, with or without caning.                


*It is a defence to a charge of either of the offences firstly defined in this section to prove that the accused person believed, on reasonable grounds, that the girl was of or above the age of sixteen years.                 

A prosecution for any of the offences defined in this section shall be begun within two months

A person cannot be convicted of any of the offences defined in this section upon the uncorroborated testimony of one witness. 



222.         Any person who unlawfully and indecently deals with a girl under the age of sixteen years is guilty of a misdemeanour, and is liable to imprisonment for two years, with or without caning.               

  If the girl is under the age of thirteen years, he is guilty of a felony and is liable to imprisonment for three years, with or without caning.                

*It is a defence to a charge of the offence defined in this section to prove that the accused person believed, on reasonable grounds, that the girl was of or above the age of sixteen years.                

The term "deal with" includes doing any act which, if done without consent, would constitute an assault, as hereinafter defined.



 222A.  (1)       Whoever, having the custody, charge or care of a girl under the age of sixteen years, causes or encourages the seduction, unlawful carnal knowledge or prostitution of, or the commission of an indecent assault upon, such a girl, shall be liable to imprisonment for two years.   

(2)         For the purposes of this section, a person shall be deemed to have caused or encouraged the seduction, unlawful carnal knowledge or prostitution of, or the commission of an indecent assault upon, a girl who has been seduced, unlawfully carnally known, or indecently assaulted, or who has become a prostitute, if he has knowingly allowed her to consort with, or to enter or continue in the employment of, any prostitute or person of known immoral character. 



222B.  (1)       Whoever, having the custody, charge or care of a child or young person who has attained the age of four years and is under the age of sixteen years, allows that child or young person to reside in or frequent a brothel, shall be liable. to a fine of one hundred naira or to imprisonment for six months or to both such fine and imprisonment.

 (2)            If upon the trial of a person charged with an offence against section 219 the facts proved in evidence authorise a conviction for an offence against this section, the person charged may be convicted of the offence against this section although he was not charged with that offence.

http://www.nigeria-law.org/Criminal%20Code%20Act-PartIII-IV.htm#Chapter 21

naptu2:
I have banned myself from engaging in long and unending arguments on nairaland (for obvious reasons), but this is one of those times that I wish I could violate the ban.

"National Assembly sets 11 years as the age of consent in Nigeria".

What level of stupidity is this? What kind of ignorance is this?

I remember how I wasted my time and almost ruined my health the last time people ignorantly spread this kind of stories. At that time they claimed that the National Assembly wanted to legalise child marriage.

The criminal code specifies punishments for people who commit the offence called defilement. The punishments are usually graduated and the determining factor is the age of the minor. For example, a person who has sex with a child below the age of 13 would be sentenced to life imprisonment, a person who has sex with a child between the ages of 13-16 would be sentenced to 5 years in prison and someone who has sex with a child that is between the ages of 16-18 years would be sentenced to 2 years in prison.

Now, the id.iot that created this sensation probably only looked at one subsection in the act and went ahead to write the very stupid headline that he wrote, and Nigerians, as usual, will not bother to find out if he is right or wrong, but will rather react emotionally.

OrlandoOwoh:
Mogidi, if a northern muslim had sponsored the bill, you would have been insulting Islam and Hausa/Fulani in this thread.
@topic: How could a woman sponsor such a bill? Na wa o.