How To Prove Rape In Nigeria

How To Prove Rape In Nigeria

How To Prove Rape In Nigeria. Daily Law Tips (Tip 363) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

RAPE is a criminal offence in Nigeria, punishable in with life imprisonment with or without whipping in Southern part of Nigeria but punishable with imprisonment for life or lesser period and fine in the Northern part of Nigeria.

Before any person can be convicted for an offence of rape in any part of Nigeria, the victim of rape through her prosecution lawyer must prove the following;

(a) That the alleged rapist had sexual intercourse with the victim of rape (victim).
(b) That the act of sexual intercourse was done without consent of the victim or that the consent was obtained by fraud, force, threat, intimidation, deceit or impersonation.
(c) That the victim was not the wife of the alleged rapist.
(d) That the alleged rapist had the criminal intention to have sexual intercourse with the victim of rape without the victim’s consent or that the alleged rapist acted recklessly not caring whether the victim consented or not.
(e) That there was penetration of the penis of the alleged rapist into the vagina of the victim.

The last condition, condition “e” has been widened, to accommodate cases were females may rape men or where there may be a rape using an object. By the provisions of the Violence Against Persons (Prohibition) Act, 2015 and other similar laws in states of the federation, rape now includes the penetration of any opening in the body (including mouth and anal) of a person by another person using any part of his/her body or any thing. So, it makes it possible for a male to sue a female for rape, unlike when rape was all about women and the penetration of vagina by penis. Kindly note that the Violence Against Persons (Prohibition) Act, 2015 is operational in Federal Capital Territory, Abuja. Similar laws are now operational in Anambra State, Ebonyi State and Oyo State. Soon, more States will enact similar laws.


1.) Sections 1, 47 and 48 of the Violence Against Persons (Prohibition) Act, 2015 and other similar laws in states of the federation
2.) Sections 1, 357 and 358 of Criminal Code Act, 1916.
3.) Sections 282 and 283 of the Penal Code Act, 1960.

And the plethora of Supreme Court cases including;
5.) OGUNBAYO V. THE STATE (2007) I NWLR PT. 1035 PG. 157.
6.) UPAHAR V. THE STATE (2003) O NWLR PT. 816 PG.290.
7.) STATE V. OGO (1980) 2 NCLR 391.
8.) OKEYAMOR V. THE STATE (2005) 1 NCC PG. 499
9.) STATE V. ANOLUE (1983) 1 NCR 71.
10.) IKO V. STATE (2005) 1 NCC PG. 499


Feel free to reach the author, ask questions or make inquiries on this topic or any other legal issues via or +2348037665878.


This work is published under the free legal awareness project of Sabi Law Foundation ( funded by the law firm of Bezaleel Chambers International ( The writer was not paid or charged any publishing fee. You too can support the legal awareness projects and programs of Sabi Law Foundation by donating to us. Donate here and get our unique appreciation certificate or memento.


This publication is not a piece of legal advice. The opinion expressed in this publication is that of the author(s) and not necessarily the opinion of our organisation, staff and partners.


🛒 Take short courses, get samples/precedents and learn your rights at

🎯 Publish your legal articles for FREE by sending to:

🎁 Receive our free Daily Law Tips & other publications via our website and social media accounts or join our free whatsapp group: Daily Law Tips Group 6


Get updates on all the free legal awareness projects of Sabi Law (#SabiLaw) and its partners, via:

YouTube: SabiLaw

Twitter: @Sabi_Law

Facebook page: SabiLaw

Instagram: @SabiLaw.org_

WhatsApp Group: Free Daily Law Tips Group 6

Telegram Group: Free Daily Law Tips Group

Facebook group: SabiLaw




This publication is the initiative of the Sabi Law Foundation ( funded by the law firm of Bezaleel Chambers International ( Sabi Law Foundation is a Not-For-Profit and Non-Governmental Legal Awareness Organization based in Nigeria. It is the first of its kind and has been promoting free legal awareness since 2010.


As a registered not-for-profit and non-governmental organisation, Sabi Law Foundation relies on donations and sponsorships to promote free legal awareness across Nigeria and the world. With a vast followership across the globe, your donations will assist us to increase legal awareness, improve access to justice, reduce common legal disputes and crimes in Nigeria. Make your donations to us here  or contact us for sponsorship and partnership, via: or +234 903 913 1200.


Related Posts

You cannot copy content of this page

Please subscribe

Contact Support


Welcome! Log into your account