Opinion
The Oracle: Of Rape, Rapists and False Rape Peddlers (Pt. 2)
Published
4 years agoon
By
Eric
By Mike Ozekhome
INTRODUCTION
There is an upward upsurge of increase of rape case in Nigeria; and there seems to be no end to the menace. There is no day in the country without a reported case of sexual violence, especially rape. Sexual violence victims are also becoming more emboldened in reporting such crimes. We have however seen cases of young ladies attempting to make a career of tagging celebrities and politically exposed persons (PEP) with false rape accusations. Such must be discouraged. Today, we shall continue our discourse of this vexed issue from the angle of the criminal laws governing rape.
THE CRIMINAL CODE ACT (continues)
What the Criminal Code Act insists on is consent between two willing adults, devoid of any fraud, deceit, force or threats. The law contemplates free, express and unequivocal consent from a woman (even if married), before any man can have sexual relations with her. Thus, whenever a man has sexual intercourse with a woman with her consent, but which was obtained fraudulently, deceitfully, or forcefully, or without her consent at all, the crime of rape would be deemed to have occurred.
Section 358 of the Criminal Code imposes the maximum punishment of life imprisonment, with, or without caning, on any person convicted of rape.
Section 359 of the Criminal Code (CC) also criminalizes attempted rape:
“Any person who attempts to commit the offence of rape is guilty of a felony, and is liable to imprisonment for fourteen years, with or without caning.”
Section 360 CC also criminalizes “indecent or unlawful sexual assault” on a woman, thus:
“Any person who unlawfully and indecently assaults a woman or girl is guilty of a misdemeanour, and is liable to imprisonment for two years”.
From the above, it is clear that rape is not only immoral, but also illegal. However, the CC definition of rape is now grossly inadequate in the light of contemporary trends. This is because it does not contemplate spousal rape, or a situation whereby a woman withdraws consent midway through sexual intercourse (post-penetration rape). The CC also fails to contemplate the possibility of men being subject to rape by women. The CC should therefore be amended to accommodate the more recent dimensions to the crime of rape.
RAPE AND THE VIOLENCE AGAINST PERSONS PROHIBITION ACT, 2015 (VAPPA).
Section 1 of the Violence Against Persons Prohibition Act, 2015 (VAPPA) provides:
“A person commits rape if:
He or she intentionally penetrates the vagina, anus or mouth of another person with any other part of his body or anything else.
The other person does not consent to the penetration; or
The consent is obtained by force or means of threat or intimidation of any kind or by fear of harm or by means of false or fraudulent representation as to the nature of the act or use of any substance or additive capable of taking away the will of such person or in the case of a married person, by impersonating his or her spouse.”
The above definition of rape is more comprehensive and represents the modern trend. Specifically, the Act for the first time in Nigeria, recognizes the possibility of men being victims of rape, through the “anus or mouth”. With another person’s “part of (his) body or anything”. The VAPPA also widens the scope of rape by going beyond vaginal rape to criminalize anal and oral rape.
Similarly, VAPPA expands the scope of rape beyond penile or penis penetration alone. Other avenues of penetration are now recognized to include vagina, anus or mouth which could be “penetrated” without a man or woman’s consent. This could be done by means of a penis, cucumber, dildo, vibrator, strap on, stick, etc. In such cases, rape would be said to have occurred.
Section 1(2)(c) of VAPPA also criminalizes and punishes the act of “gang rape” for a minimum of 20 years’ imprisonment
Section 1(3) of VAPPA has a novel provision for compensation of rape victims; while section 1(4) provides for the publication of a register of convicted sexual offenders, which shall be open to members of the public. The essence of this provision is to create a culture of shaming convicted rapists, so as to deter intending rapists and warn members of the public to be wary of them.
Despite the novel and revolutionary provisions of the VAPPA, it does not have a nationwide application. In fact, as at 2018, the then Minister of Health, Professor Isaac Adewole, declared that only three states in Nigeria, (Anambra, Ebonyi and Oyo) States had domesticated the Act. This means these are the only states in which these provisions apply.
THE PENAL CODE ACT
The Penal Code is the criminal law that applies to the Northern part of Nigeria, and the FCT, as against the Criminal Code, which operates in the Southern part. Section 282 of the Penal Code (PC) defines the crime of rape thus:
“(I) A man is said to commit rape who, except in the case referred to in subsection (2) of this section, has sexual intercourse with a woman in any of the following circumstances-
(a) without her consent;
(b) against her will;
(c) with her consent, when her consent has been obtained by putting her in fear of death or of hurt;
(d) with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.”
The above provision merely restates the CC position in the with some omissions. The most glaring omission in the definition of rape under the PC as against the CC is that under the PC, unlike the CC, sexual intercourse with an unmarried woman’s consent, but which was fraudulently obtained, is not viewed as rape.
Under the PC, even where the girl is the wife of a person, such person will still be guilty of rape if she has not attained puberty. The case of the former Governor of Zamfara State who allegedly married a 13 year old girl from Egypt comes in here. In such instance, since the girl had not attained puberty and he had carnal knowledge of her, he would have been guilty of rape if he had been charged to court after shedding his gubernatorial immunity under section 308 of the Constitution.
Similarly, just like the CC, the definition of rape under the Penal Code is limited and does not accommodate some more recent global strands of rape and sexual violence. To this end, it is recommended that both the CC and PC should be amended to cater for some of these contemporary trends.
Section 258 of the Criminal Laws of Lagos State has similar provisions.
In all three laws, rape is narrowly constrained as occurring only when the vagina of the woman is penetrated (“res in rem”). This was judicially held in NATASHA V. STATE, thus:
“The most important and essential ingredient of the offence is penetration. The Court will deem that sexual intercourse is complete upon proof of penetration of the penis into the vagina. Any or even the slightest penetration will be sufficient to constitute the act of sexual intercourse.”
THE CHILD’S RIGHTS ACT, 2003.
Section 31of the Child’s Rights Act provides as follows:
(1) No person, shall have sexual intercourse with a child.
(2) A person who contravenes the provision of subsection (1) of this Section commits an offence of rape and is liable on conviction to imprisonment for life.
(3) Where a person is charged with an offence under this Section, it is immaterial that:
(a) the offender believed the person to be of or above the age of eighteen years ; or
(b) the sexual intercourse was with the consent of the child.
From the above definition, any sexual intercourse with a child would be categorized as rape. It is a strict liability offence. It makes no difference that the child consented to such sexual intercourse.
This is because a child is not legally empowered to consent to sexual intercourse. The fact that the offender believes that the child was above the age of eighteen will not exculpate the offender. Thus, it makes no difference that the child looks bigger, older or more mature than his or her age. What is material is that the child is less than eighteen years; and any sexual intercourse with such a child would amount to rape with the attendant punishment of life imprisonment under the Act.
The Act is clearly a protectionist legislation aimed at shielding children from adult sexual predators. The Act also lacks nationwide application. In fact, as at 2019, Chief of Field Office, UNICEF Nigeria, Bauchi Field Office, Mr. Bhanu Pathak, lamented:
“Only 25 states have enacted the law so far. The states which are yet to domesticate the Child Rights Act are from the northern part of Nigeria. I call on all these states to domesticate the Nigeria Child Rights Law to provide a legal framework for the protection of the rights of children in their respective states.”
Accordingly, 11 States in Nigeria are yet to domesticate the Child’s Rights Act. Going by UNICEF statistics, the eleven states yet to ratify the Child Rights Act are Adamawa, Bauchi, Borno, Gombe, Jigawa, Kano Katsina, Kebbi, Yobe, Sokoto and Zamfara States. Why? To continue endanger our innocent children? Haba!
HOW NIGERIAN COURTS DECRY RAPE
The severity of the offence of rape is one that cannot be overemphasized. Nigerian courts frown on it seriously. In Popoola v State (2013) 17 NWLR (PT 1382) 100, the apex court illuminated:
“the offence appeared to be heinous and heartless. The sentence meted out by the trial court amounts to abdicating its role as a judicial officer. I condemn such type of sentence. The sentence is unnecessarily lenient and loose”. The apex court went on:
“I join my learned brother in expressing disappointment that the appellant was given a lenient term of five years in prison. I think that the severity of punishment for rape, with particular reference to statutory variety, should rank next to capital punishment”
(To be continued)
FUN TIMES
“I saw dad with mom last night….. I think he was stealing my milk”. – Anonymous.
THOUGHT FOR THE WEEK
Rape, mutilation, abuse, and theft are the natural outcome of a world in which force rules, in which human beings are objects. (Chris Hedges).
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By Boma Lilian Braide Esq.
The water remembers. It remembers when we were queens and kings of the creeks, when our voices carried across the rivers like thunder, and when no external force could dictate the terms of our existence.
Today, as a daughter of the Ijaw nation, I look at our political landscape and my heart breaks into a thousand pieces. The recent withdrawal of Pastor Tonye Cole from the political race reopened a wound that never properly healed. I immediately texted him a single, urgent question: “Why?” His response was a resigned, familiar phrase; “It is well.” At that exact moment, my thoughts were screaming so loudly inside my head, “Not again!” It felt like a brutal repetition of an old script. Every single time, without fail, they treat the Ijaw man badly, pushing him out of the room where decisions are made.
This leadership class continually trades our birthright for political crumbs, leaving me with a profound sadness I cannot shake. Every four years, we are forced to watch the same exhausting, predictable cycle play out. We have become the laughing stock of the Nigerian politics. We roar like lions in the morning, only to allow ourselves to be led like sheep to the slaughter house by nightfall. This pattern is not merely a string of tactical errors. It is a structural and psychological condition that has calcified into our political culture. We begin every election season with unparalleled bravery, massive energy, clarity, and a list of demands. We mobilise, we protest, we declare our rights. Yet at the decisive moment we fold. We trade collective power for personal gain. We accept crumbs while the harvest is taken from our lands allowing our leaders to be used as mere pawns, chess pieces, and foot soldiers on a board completely controlled by outsiders.
Call it what it is, a political Stockholm syndrome. When a people are held hostage by extractive systems for generations, they can begin to see the captor as a provider. When political actors poison our rivers, burn our gas, and extract our wealth, then return during elections with token gifts, the damaged political imagination can mistake those gifts for benevolence. A motorcycle, a solar lamp, a bag of rice, or a ten thousand naira note becomes a substitute for structural justice. We applaud the giver and forget the theft.
This is not a partisan indictment. The major parties have all participated in this system. From the coastal edges of Ondo and Edo, through Rivers and Bayelsa, to the riverine communities of Delta and Akwa Ibom, the script is the same. Political machines arrive with cash and spectacle. They leave with votes. They do not stay to build roads, to clean oil spills, to fund health care, or to restore fisheries. They do not invest in education or in the infrastructure that would make our communities resilient. They know they do not have to. They know that the combination of poverty, fragmentation, and short-term survival instincts will deliver the votes they need.
The spectacle in Rivers State is instructive. The conflict between an incumbent and a predecessor is not only a personal rivalry. It is a mirror of a deeper structural problem. An Ijaw son may occupy the governor’s office, but the expectation of loyalty to an external power broker remains. When disagreements arise, the Ijaw polity does not close ranks. Instead, it fractures. Elders, youth groups, and political actors align with different external centres of power. We tear ourselves apart while the larger system remains intact.
Delta State offers another painful example. The region produces a disproportionate share of the oil wealth that sustains the state and the nation. Yet Ijaw communities are routinely relegated to secondary roles in governance. The highest offices are often out of reach. When an Ijaw candidate shows real ambition, the pressure to step down, to accept a consolation prize, or to be bought off intensifies at the last minute. The result is a steady stream of symbolic representation and token appointments that do not translate into structural change.
Even Bayelsa State, our most homogenous political home, has not been immune. The state has been turned into a dependent outpost. Political life there is often conducted under the shadow of Abuja. During elections, communities are militarized. Young people are paid paltry sums to snatch ballot boxes and intimidate their neighbours. The leaders who emerge from such processes rarely prioritize environmental remediation, health care, or education. They prioritize survival within the national political economy.
Why do we accept this? Part of the answer lies in a minority complex that has been cultivated over generations. We have been taught to believe that because we are numerically small and geographically dispersed across several states, we cannot set national terms. That belief is false. Our geographic position along the southern maritime border gives us leverage. Nigeria’s economy cannot function without the peace of our creeks. Yet we negotiate from a position of weakness because we lack a unified, non-partisan political command structure.
Other major ethnic blocs in Nigeria have developed cultural mechanisms that protect collective interests across party lines. They maintain consensus on key strategic questions and punish those who betray the collective. The Ijaw political house, by contrast, is fragmented. We are divided into Western, Central, and Eastern blocs. Internal jealousy and rivalry consume us. When an Ijaw son or daughter rises to prominence, it is sometimes their own people who are recruited to pull them down. This internal sabotage is a major reason we are treated as expendable by national political machines.
Our representatives in national assemblies and federal boards are often the most silent and compliant. They vote for policies that harm our region because they want to protect their personal seats and committee positions. We have forgotten the intellectual foundation of our struggle. Our fathers did not rely on muscle alone. They fought with logic and strategy.
Harold Dappa Biriye used constitutional arguments to demand minority rights during the pre-independence conferences. Isaac Adaka Boro presented a detailed economic manifesto during the twelve-day revolution, exposing the systematic underdevelopment of the Delta. The Kaiama Declaration of 1998 linked environmental justice with true federalism in a way that remains a model for strategic political thinking. Today, that intellectual tradition has been eroded by a culture of thuggery, praise singing, and the pursuit of quick money.
The social and economic costs of our political submission are visible everywhere. Schools sink into the mud. Primary health centres lack basic medicines. Women die in childbirth because there are no functional boats to transport them to urban hospitals. Rivers that once sustained us are coated with crude oil. Gas flares burn day and night, releasing toxins that cause cancers and respiratory diseases. In any functioning democracy, such environmental devastation would provoke electoral punishment. But our people accept ten-thousand naira, wear party uniforms, and return the same leaders to office.
This pattern is not only morally wrong. It is strategically suicidal. The global energy transition is underway. The world is moving away from fossil fuels. In a few decades, crude oil will no longer be the primary driver of the global economy. When that happens, the Nigerian state’s willingness to distribute minor rents, amnesty stipends, and pipeline contracts will evaporate. If we remain politically domesticated and economically dependent, we will be discarded once our resources lose value. We will be left with a ruined environment and a population unprepared for the modern economy.
Breaking this cycle requires a radical transformation of our political behaviour. It requires both immediate reforms and long-term institution building.
First, we must refuse to sell our votes for temporary relief. If politicians bring money during elections, take it because it is a fraction of your stolen wealth, but enter the voting booth and vote fiercely against them if they have not delivered real, systemic progress. The act of taking money and voting against the giver is not a moral ideal. It is a pragmatic tactic that recognizes the reality of survival while asserting political agency.
Second, we must create a culture of community accountability. Any Ijaw politician, elder, or youth leader who sells out the collective interest for personal gain must face social consequences. They should be stripped of traditional honours, excluded from community gatherings, and greeted with public disapproval rather than celebration. The cost of betrayal must be made higher than the reward offered by external actors.
We must also institutionalize our collective strength. The Ijaw nation needs a permanent, non-partisan political and economic council composed of our finest minds. This council should include intellectuals, legal experts, economists, and community builders from across the globe. Its mandate would be to define a multi decade Ijaw National Agenda that transcends party lines. Any Ijaw person entering politics should be bound by that agenda. Any external political force seeking our cooperation should be required to commit to its verifiable execution.
Again, we must build strategic alliances with other coastal minority groups. From Calabar to Badagry, the coastal communities share common interests in environmental protection, maritime economies, and regional development. A unified coastal voting bloc would create a political force that no national party can ignore. Such an alliance would also strengthen bargaining power for federal resource allocation and environmental remediation.
Fifth, we must shift our economic focus from pipelines to the blue marine economy. Our future lies in the ocean. We must invest in community owned industrial fishing fleets, deep sea shipping logistics, local shipbuilding yards, and aquaculture networks. We must develop port infrastructure and maritime training centres. Economic independence is the foundation of political courage. When our communities can fund their own schools, hospitals, and water systems through independent marine enterprises, we will no longer beg for crumbs.
Sixth, we must invest in education and leadership training. Political courage is not loud rhetoric. It is disciplined strategy. We must train a new generation of leaders who understand constitutional law, public finance, environmental science, and international trade. We must teach negotiation skills, coalition building, and institutional design. The Ijaw struggle must be intellectualized and professionalized.
Seventh, we must reclaim our narrative. For too long our story has been told by others. We must document our history, our legal claims, and our environmental evidence. We must use the courts, the media, and international forums to hold polluters and complicit officials accountable. We must turn our lived experience into verifiable claims that can be litigated and publicized.
Finally, we must practice disciplined solidarity. Political unity does not mean uniformity of opinion. It means a shared commitment to core strategic objectives. It means agreeing on red lines that cannot be crossed. It means supporting candidates who commit to the Ijaw National Agenda and sanctioning those who betray it.
The hour is late. The cost of our political naivety is visible in every polluted river, every jobless youth, and every broken promise. We cannot enter another election cycle with the same broken playbook. We must reject transactional politics and demand structural change. We must hold our leaders accountable and refuse to celebrate personal appointments that bring no collective benefit.
We must heal ourselves of this political Stockholm syndrome. We must stop loving the systems that destroy us and begin the difficult work of building lasting political infrastructure. The future of the Ijaw nation depends on our ability to transform our pain into strategic power. The water is watching. The spirits of our ancestors who resisted colonial domination are watching. We must rise, cleanse our minds of dependency, and stand with dignity. The era of last minute surrender must end. The time for strategic, sovereign Ijaw political courage has arrived.
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Opinion
Leadership in Africa: Forging a New Era of Self-Reliance, Unity and Global Relevance (Pt. 3)
Published
1 month agoon
May 23, 2026By
Eric
By Tolulope A. Adegoke
“True leadership in Africa is not the pursuit of power, but the courage to serve — to turn the pain of yesterday into the promise of tomorrow, to bind broken hearts into one destiny, and to raise a continent where every son and daughter can stand tall, not by pulling others down, but by lifting one another higher.” – Tolulope A. Adegoke, PhD
Building upon the foundational principles and practical pathways discussed in Parts 1 and 2, this continuation explores the deeper implementation strategies, institutional reforms, cultural shifts, and long-term vision required to translate African leadership into tangible, sustainable transformation. It addresses the realities on the ground while offering forward-looking, actionable recommendations that can help Africa move from potential to performance on both regional and global stages.
Institutional Reforms as the Backbone of Transformative Leadership
Visionary leadership without strong institutions is like a beautiful dream without a foundation. Africa’s progress depends on building institutions that are resilient, transparent, and people-centred.
Leaders must prioritise civil service reform, judicial independence, and anti-corruption mechanisms that are not only punitive but preventive. For example, Rwanda’s use of performance contracts (imihigo) for public officials has created a culture of accountability and results. Similarly, Ghana’s strong electoral commission and relatively independent judiciary have helped sustain democratic stability. These models show that when institutions are strengthened, leadership becomes less about individual charisma and more about systemic effectiveness.
Regional institutions such as the African Union, ECOWAS, SADC, and the East African Community must also be reformed. They need greater financial autonomy, faster decision-making processes, and clearer enforcement mechanisms. The African Union’s current efforts to reform its Peace and Security Council and operationalise the African Standby Force are steps in the right direction, but they require consistent political will and adequate funding from member states.
Cultural and Mindset Transformation
Leadership that builds Africa must also transform mindsets. Many of the continent’s challenges are rooted in colonial-era thinking, dependency syndromes, and a culture of short-termism.
Progressive leaders should invest in cultural renewal programmes that celebrate African excellence, innovation, and resilience. This includes supporting the creative industries — Nollywood in Nigeria, Afrobeats music, and contemporary African literature — which are already projecting positive African narratives globally. Educational systems must move beyond rote learning to foster critical thinking, ethical reasoning, and entrepreneurial spirit.
Youth leadership development is particularly crucial. With over 60% of Africa’s population under the age of 25, the continent’s future depends on preparing young people not just for jobs, but for leadership. Initiatives like the African Union’s Youth Agenda and national youth service programmes should be expanded and made more impactful.
Economic Transformation and Self-Reliance in Practice
True self-reliance requires deliberate economic restructuring. Leaders must champion value addition in agriculture, mining, and natural resources. Instead of exporting raw cocoa, cotton, or crude oil, African countries should invest in processing facilities that create jobs and capture more value domestically.
The African Continental Free Trade Area (AfCFTA) offers a historic opportunity. When fully implemented, it can boost intra-African trade, reduce dependence on external markets, and create new industries. Leaders who actively remove non-tariff barriers, harmonise standards, and invest in cross-border infrastructure will be remembered as the architects of Africa’s economic renaissance.
Public-private partnerships (PPPs) should be strengthened, with clear frameworks that protect national interests while attracting responsible investment. Countries like Morocco and Ethiopia have shown how strategic industrial policies can attract foreign direct investment while building local capacity.
Global Relevance: Africa as a Solution Provider
Africa must stop seeing itself solely as a recipient of global solutions and begin positioning itself as a contributor. The continent’s vast renewable energy potential, youthful population, and rich biodiversity give it unique advantages in addressing global challenges such as climate change, food security, and digital innovation.
Leaders who understand this will invest in research and development, patent African innovations, and engage confidently in global forums. The success of African pharmaceutical companies during the COVID-19 pandemic and the growth of African tech unicorns demonstrate that the continent can compete and lead when given the right environment.
A Balanced and Hopeful Conclusion
Africa stands at a historic crossroads. The challenges — poverty, inequality, climate vulnerability, and governance gaps — are real and significant. Yet the opportunities — a youthful population, abundant natural resources, cultural richness, and growing regional integration — are even greater.
Leadership remains the decisive variable. When leaders rise above narrow interests to serve the collective good, Africa does not just survive — it thrives and offers the world new models of resilience, innovation, and inclusive growth.
The path forward requires a new covenant: between leaders and citizens, between nations and regions, and between Africa and the global community. This covenant must be rooted in trust, mutual accountability, and shared vision. With the right leadership — courageous, ethical, inclusive, and strategic — Africa can forge a new era of self-reliance, unity, and global relevance.
The question is not whether Africa can rise. The question is whether its leaders, supported by an awakened citizenry, will summon the will, wisdom, and courage to make that rise unstoppable. The world is watching, and history is waiting to record the choices made in this decisive decade.
Africa’s story is still being written. With visionary leadership, it can become one of triumph, dignity, and global excellence.
Dr. Tolulope A. Adegoke, AMBP-UN is a globally recognized scholar-practitioner and thought leader at the nexus of security, governance, and strategic leadership. His mission is dedicated to advancing ethical governance, strategic human capital development, resilient nation building, and global peace. He can be reached via: tolulopeadegoke01@gmail.com, globalstageimpacts@gmail.com
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