Lawyers defend statutory sentencing for rape offences

Some legal practitioners in Lagos have maintained that punishments prescribed for rape offences are statutory and cannot be arbitrarily altered by the courts.

The lawyers argued that where the law expressly stipulates penalties for serious offences, courts are bound to comply with such provisions.

They spoke against claims in some quarters that judges possess unfettered discretion to reduce sentences for capital and related offences.

Speaking on the issue, legal practitioner and social critic, Mr. Spurgeon Ataene, said although criminal and penal codes prescribe punishments for offences, such laws could still be reviewed by state legislatures unlike the Constitution, which requires a more rigorous amendment process.

According to him, some states have reassessed the effectiveness of certain punishments and introduced provisions allowing reduced sentences where offenders demonstrate remorse.

“The same states have inwardly reviewed the efficacy of such laws and found that the sentences for defilement, or even murder, can be adjusted where there appears to be a degree of remorse from the defendant.

“Plea bargain therefore comes in to give a second chance to the offender by imposing a lesser term than prescribed by law,” he said.

Ataene explained that such provisions were backed by laws including the Administration of Criminal Justice Law of Lagos State 2015 and similar laws in other states.

He added that where an offence attracts capital punishment or life imprisonment, the state and courts may accept plea bargain agreements reached with offenders.

According to him, such measures could help curb recidivism if supported by effective monitoring systems across all tiers of government.

Also speaking, convener of Fight Against Corruption in the Judiciary, FIACIJ, Mr. Bayo Akinlade, said statutory provisions remain the basis for sentencing in criminal cases.

He stated that where laws prescribe specific punishments, courts are duty-bound to enforce them except where the statutes provide room for mitigating factors.

“Courts cannot generally impose lesser sentences than what the law prescribes, except there are mitigating factors outlined in the sentencing guidelines.

“In rape cases, courts will usually impose the punishment prescribed by law where the defendant is found guilty,” he said.

Similarly, former Chairman of the Nigerian Bar Association Young Lawyers Forum, NBA-YLF, Asaba branch, Mr. Anthony Ali, noted that Section 358 of the Criminal Law of Delta State 2006 prescribes life imprisonment for rape.

Ali, however, referenced the case of Lucky v. State, which he said had generated debate within Nigeria’s criminal justice system over whether courts could lawfully reduce mandatory statutory sentences.

According to him, the appellant in the case was convicted for raping an 11-year-old girl, with medical evidence confirming forceful penetration and severe injuries.

He said the trial court sentenced the offender to five years imprisonment with hard labour or an option of a N300,000 fine after allocutus.

Ali argued that Section 30 of the Criminal Code and Section 39 of the Penal Code clearly establish that a child of that age cannot legally consent to sexual intercourse.

He further maintained that although the law allows courts to consider mitigating factors, such discretion should not undermine the objectives of punishment in cases involving minors.

“Section 311 of the Administration of Criminal Justice Act 2015 allows consideration of mitigating factors during sentencing, but such discretion should not override mandatory statutory punishment for grave offences like child rape,” he said.

In her contribution, Mrs. Fortune Ezikeoha described rape and child molestation as growing societal problems requiring urgent attention.

She stressed that punishments for such offences must serve as deterrence to would-be offenders.

“Recent developments in Nigeria’s criminal justice system, especially under the Violence Against Persons (Prohibition) Act 2015, as well as increasing public demand for stricter sanctions for rape, show that sentencing must reflect deterrence and protection,” she said.

(NAN)

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