Attorneys argue in support of mandatory prison terms for sexual assault crimes

Legal practitioners in Lagos have emphasized that the punishments for rape offences are predetermined by law and cannot be changed arbitrarily by the courts, highlighting the importance of adhering to statutory provisions.

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These lawyers argue that when the law clearly outlines penalties for serious crimes, courts are obligated to follow these guidelines, emphasizing the role of the law in guiding judicial decisions.

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They have pushed back against claims that judges have unlimited discretion to reduce sentences for serious crimes, including capital offences, arguing that such claims are not supported by the law.

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Mr. Spurgeon Ataene, a legal practitioner and social critic, has noted that while criminal and penal codes prescribe punishments for crimes, state legislatures can review and modify these laws, unlike the Constitution, which requires a more complex amendment process.

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Ataene has pointed out that some states have reassessed the effectiveness of certain punishments and introduced provisions that allow for reduced sentences when offenders show remorse, highlighting the importance of flexibility in the justice system.

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According to Ataene, some states have reviewed the efficacy of their laws and found that sentences for crimes such as defilement or murder can be adjusted if the defendant shows remorse, and that plea bargain agreements can provide a second chance for offenders by imposing a lesser sentence.

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He explained that such provisions are backed by laws, including the Administration of Criminal Justice Law of Lagos State 2015, and similar laws in other states, which provide a legal framework for plea bargain agreements.

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Ataene added that in cases where an offence carries a capital punishment or life imprisonment, the state and courts may accept plea bargain agreements with offenders, which can help reduce recidivism if supported by effective monitoring systems.

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Mr. Bayo Akinlade, convener of Fight Against Corruption in the Judiciary, has stated that statutory provisions remain the basis for sentencing in criminal cases, and that courts are duty-bound to enforce these provisions unless there are mitigating factors.

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Akinlade noted that courts generally cannot impose lesser sentences than what the law prescribes, except in cases where there are mitigating factors outlined in the sentencing guidelines, highlighting the importance of following the law.

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In cases of rape, courts will usually impose the punishment prescribed by law if the defendant is found guilty, according to Akinlade, emphasizing the need for consistency in sentencing.

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Mr. Anthony Ali, former Chairman of the Nigerian Bar Association Young Lawyers Forum, Asaba branch, has noted that Section 358 of the Criminal Law of Delta State 2006 prescribes life imprisonment for rape, highlighting the severity of the crime.

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Ali referenced the case of Lucky v. State, which has generated debate within Nigeria's criminal justice system over whether courts can lawfully reduce mandatory statutory sentences, highlighting the complexity of the issue.

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According to Ali, the appellant in the case was convicted of raping an 11-year-old girl, with medical evidence confirming forceful penetration and severe injuries, and was sentenced to five years imprisonment with hard labour or a fine of N300,000.

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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, emphasizing the need to protect minors.

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He maintained that while the law allows courts to consider mitigating factors, such discretion should not undermine the objectives of punishment in cases involving minors, highlighting the need for balance in sentencing.

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Ali noted that Section 311 of the Administration of Criminal Justice Act 2015 allows consideration of mitigating factors during sentencing, but emphasized that such discretion should not override mandatory statutory punishment for serious crimes like child rape.

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Mrs. Fortune Ezikeoha has described rape and child molestation as growing societal problems that require urgent attention, emphasizing the need for effective solutions.

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She stressed that punishments for such offences must serve as a deterrent to would-be offenders, highlighting the importance of effective sentencing in preventing crime.

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Ezikeoha noted that recent developments in Nigeria's criminal justice system, including the Violence Against Persons (Prohibition) Act 2015, and increasing public demand for stricter sanctions for rape, show that sentencing must reflect deterrence and protection.