STATUTE BAR: SUGABELLY V. MUSTAPHA AUDU

A lady by the name SugarBelly on her Twitter handle has alleged Mustapha Audu, son of the immediate past Governorship candidate of the All Progressive Congress Prince Abubakre Audu who died last week before the election was concluded, while the Nation and mostly APC members in Kogi State Nigeria where morning the sudden death of Prince Audu, Sugabelly took to herTwitter handle by calling him monster who deserves to die.

This caught so many people’s attention as it is believed that ‘no one mock the dead’, so many people saw this as social media stunt, some saw little truth in this allegation while some raise the question of ‘why is she just talking’ but Cremelawyer decide to shed light into the entire matter in the Legal Perspective.

The first issue for determination is ‘ is there statute bar to criminal proceeding and why is Sugabelly just raising this issue’

In BONIFACE ADONIKE V. THE STATE SC. 168/2013 Delivered Friday 30^th January, 2015 the supreme court upheld the decision of a lower court that convicted a rapist, the counsel of the accused person was of the opinion that the commencement of the criminal offence against him was statue bar as the proceeding commenced over five months he was charged with the offence, the accused allegedly defiled an eight years old girl.

The issue for determination was ‘whether the appellant’s trial and conviction for the offence of defilement, under Section 218 of the Criminal Code Cap 28 Vol.II  Law of the Defunct Bendel State 1976, as applicable to Delta State , which the respondent began more than two months after the offence was committed , is not a nullity.

The learned judge was of the opinion that the law that state that a criminal proceeding must be commence within two months does not include the criminal offense of Defilement (Rape) therefore the defence of statue bar is inapplicable in this instant case and such can be raised at anytime provided that other ingredient are established. He relied on the case of YABUGBE V. COP (Supra) which clearly establishes that where an accused person was convicted under a repealed law of a defunct state, but under an existing law, an appellant cannot set aside such a conviction.

Conclusively, there is not statute bar to when a criminal offense of Rape can be brought.

The second issue Sugar Belly will have to establish in proving an offense of Rape was actually committed against her by Mustapha Audu goes beyond allegation on social media as there are legal requirement that must be proved beyond reasonable doubt. 

In OLUDOTUN OGUNBAYO V. THE STATE the Supreme Court state that in establishing an offence of rape certain ingredients must be established 

1.       Penetration: This is the act of inserting a man’s organ into the Virginia of a woman.

2.       Non – Consent: This must be done without prior consent of the victim or consent obtained by fraud

3.       Corroboration: This is witness by a third party, please note that witness by third party is not talking only about persons physically present at the time of commission of this offence but a medical examination and evidence by a medical personnel and a police report at the earliest possible time after the act was committed.

 Thank you.

OYENIKE ALLIYU-ADEBIYI