Truth! When law and morality contradict each other, the citizenry has the cruel alternative of either losing moral sense or respect for the law. To corroborate this proposition, the social contract theory regards the ultimate essence of law to be an instrument for turning a state of nature where lives are brutish, harsh and short into a state of utopianism – where things are fair and just.
So, I have come to realise via my books that nothing should be called law unless it acts in conformity to the gravity of the title given to it, and of course – the last hope of common man. In every situation and circumstance, what law should be striving for is to give every man his due – justice.
In Section 218 of the Criminal Code Act 2004. Defilement as an offence is defined in a laconic but comprehensive way as a situation of having unlawful sexual intercourse with a girl under the age of 13years; with or without the consent of the victim. It is even expressly stated in the section that whoever is found guilty is liable for felony, a grave offence which ought – by nature of its gravity – non-bailable. With or without canning; defilement attracts a punishment of 14 years of incarceration.
Though rape and defilement are similar, they are heterologous because their victims differ. While rape is the sexual involvement of a 14-year-old girl or above — pinpointed on the ground of coercion, defilement is for 13-year-old girl or below. Nevertheless, both are, undoubtedly, serious offences.
Still on these two offences and, of course, a matter of law and practice it is not ideal for a court of law to grant the accused bail without giving recourse to worthy considerable reasons. In fact, the reasons for granting bail application of any defendant in these two cases must be well explained and convincingly proved before the court.
Now in Nigeria, regardless of the enactments by various states to protect the interest of girl-child and tackle the endemic nature of this animosity, these vices are still given less concern in our society. The record of defilement cases has become so alarming that it has turned into a daily occurrence in our society. For instance, on June 21, 2018, the Vanguard reported that Olaitan Adewoye, 36, a resident of No. 10, Arogundade Street, Harmony Estate, Oke-Iran nla, Ajah, Lagos, was tried at a Lagos magistrates’ court – for defiling his own one-year-old daughter.
But why, since there are various laws proscribing any culprit of such offence? I believe it should suffice to deter the prospective offenders of the offence. Or perhaps, the punishment prescribed for the offence is not severe enough to discourage one from its commission? Inquisitive.Till now, I am still wondering whether these are the reasons.
Though it is noticed that a criminal matter can neither be statute barred nor nullified because of the limitation of time to institute the action before the court, the law considers defilement as the most unjustifiable exception to the rule of statute bar.
Section 218 of the criminal code provides, among other things, that cases of defilement of a child must commence within two months from the time it was committed. Contrary to this provision, the action will be barred in court. Gosh! Is law really fighting for justice or striving for technicality? Apparently, the fact is enough to speak for itself.
Another mischief begot by our law to the case of defilement occurred last week when a Niger State magistrates court granted bail to a man accused of defiling an 11-year old girl. The accused, a young man in his late 20s, was allegedly to have been having sex with the young Safiya for almost two years before the little girl developed Vesico-Vaginal Fistula(VVF) – a health condition, which results in the uncontrollable discharge of urine and faeces through a female’s vagina.
Surprisingly, moment after he was granted bail, he began threatening the girl’s family. Thus, if threatening can be the aftermath, then, how sure are we that the accused would not jump bail or disappear without any trace after the bail has been granted?
Well, it is quite lucid with legal backing, that every accused has a right to bail and should not be denied of such right. But there are some offences which do not allow bail – for example treason – perhaps because they are regarded as very grievous ones. But why is defilement not put in that category? Why does the law allow offenders to get bail when it is clear it is a serious offence against both humanity and the state?
Would it even be wrong if we choose to deny the accused of his right to bail when he has elected to deny someone’s right to dignity? With utmost hutzpah, I believe it should not be.
Now, let us shun the curative measures and employ the preventive ones. In my view, if we can change the punishment of defilement to life imprisonment and deny bail to offenders, definitely, the sanction would be severe enough to deter any prospective offender. And by denying bail to offenders, which, by no means, is worthwhile shall the dictates of the law go unprevailed. Justice shall be done regardless of whether the heaven would fall or heavyweight toes would be trampled upon.
