ABSU Gang rape case. will the victim get justice? A lawyer's analysis

By virtue of my profession as a legal practitioner , i will try and explain what we have on ground.

In the case before us and what we can deduce from the video clip, it appears to the objective mind that the Lady in the video has not consented to the act and she was been forced to continue because of fear of been harmed. there was also complete penetration which is a vital ingredient to prove that rape has occurred.

The problem is that it is not easy for the judge/court to just step into the arena and decide that having seen the video like Seun has stated , the suspects are hereby found guilty of the "Offence" the court does not work that way. the court acts and is limited to how well the prosecution conducts its case. Rape is a criminal offence and the burden of proof is on the prosecution to prove the offence and this must be proof beyond reasonable doubt.

The prosecution must conduct its case diligently for the expectation of the general public (especially the honorable laymen of the public) to be actualized.

The Victim must be identified and must also be willing to come out to the open to identify the suspects as those she had an encounter with on the fateful day,the identification of the scene of crime (location where the act took place) should also be identified.,she must be willing to aid the prosecution in their investigation. she must also be willing to testify against the suspects(accused) in the open court ,

The Prosecution's next hurdle once investigation is complete is to come to charge the accused to the open court , open its case, call its witnesses (Prosecution Witness(es) to testify in the open court , present the controversial video clip to the open court so as to establish its case that the act of rape actually took place and that there was penetration/ unlawful carnal knowledge and gross sexual assault. the prosecution will then seek to tender this as an exhibit in the open court. The prosecution then closes its case and the defense will open his own case in order to cast doubt on the prosecutions case. there are several options for the defense to adopt including a no case submission if it feels the prosecution's case is so bad that it will "self destruct"

What i am trying to say in essence is that securing a conviction depends on the strength of the prosecutions case and more importantly the diligence with which it is being carried out. and to some extent on how strong a defense lawyer can conduct the defence of the accused persons. Therefore if we must get justice we need competent lawyers sponsored by various interest groups to hold watching brief for the would be complainant in the course of trial.

Rape is the most serious kind of sexual assault and is punishable with imprisonment for life with or without whipping according to the Nigerian Criminal code.

The Offence is defined in section 357 of the Criminal Code as follows

" Any person who has unlawful carnal knowledge of a woman or girl ,without her consent,or with her consent,if the consent is obtained by force or by means of threat or intimidation of any kind,or fear of harm,or by means of false and fraudulent representation as to the nature of the act,or, in the case of a married woman,by personating her husband,is guilty of an offence which is called rape.

" Every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence and every person who aids another person in committing the offence are all criminally responsible under section 7 of the Criminal code.

this includes the person making the video of the rape and possibly the owner/occupant of the apartment/room in which the offence was committed are also criminally responsible for rape , conspiracy to commit rape and facilitating the commission of the offence.

Felix George Esq