SEX: 70 YEARS OLD VILLAGE CHAIRMAN & TWO TEENAGERS

A 70 years old man identified as Iheanacho , over the weekend slumped and died after engaging in marathon sex with two young ladies age 14 years and 16 years in a hotel room at Ogbaku, a community in Imo State.

Iheano until his death was a retired staff of Chevron and village chairman of Umueye village, a community in Owerri.The deceased is said to be in the habit of sleeping with teenage girls. It was also gathered that the two teenage girls were the deceased regualar  sex partners even after being reprimanded by the parents.

The girls attends a junior secondary school in the area, the both honored the randy old man's invitation , though they did not know until they both met at the hotel. While in bed with both girls , he was said to have finished a sexual round with one of the girls when he started gasping air and later passed on.

On seeing this , the girls fled the scene but were later apprehended by the police at their various homes.The girls are in police custody pending conclusion of investigation.

The world is sure coming to an end, a 70 years old man with teenagers who are not more than his grand children.

The issue for determination is whether the deceased has the right to have canal knowledge of the teenagers in question or be guilty of rape.

Section 357 and 358 of the Criminal Code Cap Law of the Federation, 2004........... a person is said to have committed an offence of rape when he has sexual relations (canal knowledge) with a woman against her will

  (a) without her consent

 (b) while putting her in fear of death or hurt

(c) misrepresenting as husband of the woman

(d)having carnal knowledge of a girl under the age of 14 years , with or without her consent or

(e) having carnal knowledge of a girl with unsound mind

under the Penal Code (applicable in the Northern part of Nigeria) it goes further to say even where the girl is a wife of the person, such person will be guilty of rape if she has not attained puberty. This postulation was given judicial backing in the following cases , IBO V. ZARIA N.A (1962) NNCN 30 , OKOYOMON V. STATE (1973) NMLR 292

The teenage girls in the scenario above does not fall under the provision of Section 358(D) as they are not below the age of 14, also consent was not obtained by fraud as the voluntarily visited him in his hotel room. 

 Any relationship between too consenting adult/ or teenager above the age of 14 years is not illegal in law, from the above scenario it is more of moral wrong than the Law.

What can the suspects be charged for under the law

 They may be charged with manslaughter or murder. Murder is punishable under section 319 of the Criminal Code and defined as an unlawful killing of another person, malice aforementioned.

Manslaughter: This is the unjustifiable, inexcusable and intentional killing of a human being without deliberation which may be involuntarily in a commission of a lawful act without due caution and circumspection.

What are the options available to the suspect in this case?

From the scenario, no one was able to give evidence as to the cause of his death except that the lodged in the hotel together. With this we can infer that the deceased went into the hotel with the teenage girls willingly.

It is the duty of the prosecution to inquire into the cause of the death of the victim of crime, if any. This is called CORONER which is the investigation and certification of the cause of death of anyone or group persons whose cause of death is questioned. This is mostly used in countries whose legal system was at a time been subject to the English legal system which Nigeria is not an exception. An inquest is done especially when the death is sudden, unknown or was cause as a result of violence.

What happens after an inquest is done

Where the result of the inquest says the victim’s death was a natural death (one of the verdicts of Coroner) the suspect shall be discharged.

Let’s say NO to Fornication.

Thank you.

Oyenike Alliyu-Adebiyi LLB (hons) BL