insanity the defendant cannot be said to have given a voluntary statement to the police when he was incapable of given any statement because of his state of mind. I can only agree with the submission of the defence to this if the defence of insanity raised by the defendant succeeds. Therefore by the evidence of pw3 Nana Firdausi Bello, the evidence of pw4 Amina Aliyu who is her mother and exhibits A and A1 the extra-judicial statement of the defendant and exhibit B, it is clear that the defendant had sexual intercourse with the victim in this case and I so hold. On the second ingredient of the offence i.e that the intercourse was done with or without her consent when she is under 14 years of age, it is clear by the evidence of pw3 the victim herself and the evidence of pw4 Amina Aliyu, her mother that Nana Firdausi Bello was 7 years of age at the time the offence was committed and therefore her consent was immaterial. The prosecution therefore proved this ingredient of the offence by credible evidence and I so hold. 26