Social media followers of the Delta State Police Public Relations Officer, Bright Edafe, have expressed surprise about what appears to be coming to their attention for the first time about the Nigerian Constitution and its position on child marriage and age of consent.
Taking to his verified X handle @Brightgoldenboy on Sunday, SP Edafe warned that engaging in sexual intercourse with either a boy or girl under the age of 13 is considered defilement and is punishable by law with a maximum sentence of life imprisonment.
He had tweeted: “A sexual intercourse with either a boy or a girl under the age of 13 years is defilement and the punishment if found guilty is life Imprisonment. Section 218 CC.
“In this case, consent is immaterial and such offences can’t be compounded. So going to court and swearing to an affidavit won’t work.
“In fact any parent who tries to cover defilement could be charged to court for aiding and abetting.”
The section of the Criminal Code cited by Edafe states: “As a general rule, the offence of defilement is statutorily provided for under Section 218 of the Criminal Code Act. The section states that Any person who has unlawful carnal knowledge of a girl under the age of 13 years is guilty of a felony and is liable to imprisonment for life.”
Meanwhile, online platform, The Legal Standpoint, explains that the victim’s age for the offence of defilement varies according to each state’s code.
It notes, “The Criminal Code Act is a federal statute applicable in Abuja. The act doesn’t have nationwide coverage, as each state in the federation has the right to make its own criminal law.
“That explains why we have, for instance, the Criminal Code Law of Ekiti State, and the Criminal Code Law of Delta State, among others. The rationale is that crimes in Nigeria are generally territorial.
“For example, in Delta State, defilement is a crime committed against a girl under the age of 11 years, while in Lagos State, it is under the age of 18 years.”
Nigerians who were riveted by the revelation expressed their reactions thus:
Pleade clarify. What is the age of consent in Nigeria.
Your tweey suggests its 13.
.@citizen_gavel .@HeadfortF .@Lagosdsva
Please confirm age of consent.— Lassie (@NaijaGoldaMeir) June 30, 2024
13 abi 18?
— 13.14 Shoot Your Gun 🫧 (@realaspirin) June 30, 2024
Did you just say 13 years?
Let’s clarify your understanding of “consent” for 14- to 16-year-olds.
— ben samuel (@flourish007) June 30, 2024
I really like this . But cud we up the age a bit up ? The age” 13” is still very much a minor let alone under the age of 13 .
Or perhaps this law , encourages those in the north who marry kids to continue ??
In sane countries a 17 yr old isn’t an adult just yet .
— @Dripping Caramel❤️ (@Flowfy02) June 30, 2024
Under the age of 13 or 18? Does this mean the age of consent in Nigeria is +13? Or am I missing something?
— Vwairhe Etaredafe (@EtaredafeNC) June 30, 2024
It looks so from what he posted. I feel that all Nigerians should get this constitution and understands what is really there.
From this post it is like consent starts from 13+ in Nigeria
— Ebehi 🇳🇬 (@AbelAnegbe) June 30, 2024
I think the limit is 15.
Section 222of the criminal code provides that anyone who indecently deals with a girl under 16 is liable for imprisonment for two years.— The innocent man $RCADE (@nwaemma5) June 30, 2024
@timi_agbaje we need that your review on this please.. the law says 18 why is he saying 13 here?
— Humble Sir Suto 🌚 (@Sirsuto) June 30, 2024
So you are saying 14 is fine?
— Onye Igbo (@NonyOkafor) June 30, 2024
