Legal practitioners in Lagos have emphasized that punishments for rape and other capital offences are prescribed by statute and must generally be adhered to by courts, reinforcing the principle of statutory sentencing.
Some experts reacted to recent debates on whether courts could reduce penalties for serious offences under certain circumstances. Mr. Spurgeon Ataene, a lawyer and social critic, noted that while criminal and penal codes allow for statutory punishments, plea bargains can provide offenders with a reduced sentence under legally prescribed conditions.
“The Administration of Criminal Justice Law of Lagos State 2015, for instance, empowers courts to consider plea agreements, which can mitigate sentences for capital offences while ensuring monitoring systems curb recidivism,” Ataene explained.
Mr. Bayo Akinlade, convener of Fight Against Corruption in the Judiciary (FIACIJ), highlighted that courts must follow statutory sentencing except when specific mitigating factors outlined in the law allow discretion. He stressed that rape cases, in particular, should attract penalties as prescribed unless explicitly provided otherwise.
Former NBA Young Lawyers Forum (NBA-YLF) Chairman, Mr. Anthony Ali, referenced Section 358 of the Criminal Law of Delta State 2006, which mandates life imprisonment for rape. He recalled the controversial case of Lucky v. State, in which a perpetrator convicted of raping an 11-year-old received only five years’ imprisonment, sparking debate on statutory compliance in Nigerian criminal jurisprudence.
Ali argued that laws such as Section 30 of the Criminal Code and Section 39 of the Penal Code affirm that minors cannot consent to sexual intercourse, and statutory punishment should not be undermined by mitigating factors, especially for child defilement cases.
Similarly, Mrs. Fortune Ezikeoha a legal practitioner, highlighted the need for strong deterrent measures. She cited the **Violence Against Persons (Prohibition) Act 2015**, noting that sentences for rape and child molestation must reflect both deterrence and societal protection.
Experts agree that adherence to statutory sentencing is crucial for maintaining public confidence in the justice system and for safeguarding the rights of vulnerable populations.
