PETER ABU V. THE STATE
August 7, 2025ONU OKAFOR V. THE STATE
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 11251
In the Supreme Court of Nigeria
Thu May 27, 1976
Suit Number: SC. 417/1975
CORAM
MOORE A.A. ADUMEIN
MADARIKAN, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
PARTIES
CHARLES EKPO & ANOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants were charged with rape. The victim who has initially given evidence of no consent was recalled and she recounts her earlier testimony. The trial court believed that she was compromised by the appellants. The appellants were convicted and sentenced.
HELD
The court set aside the conviction and sentence of the trial court as there was evidence that there was consent from PW1
ISSUES
Whether or not the conviction of the appellants could be supported by the evidence adduced at trial
RATIONES DECIDENDI
EVIDENCE OF A RAPE VICTIM
In a case of rape, the person ravished is a competent witness and her evidence is always vital in deciding the most important element in the case, namely, whether sexual intercourse was by force and without her consent …MADARIKAN, JSC
CASES CITED
None.
STATUTES REFERRED TO
Section 358 of the Criminal Code cap. 30
Vol.2 of the Laws of Eastern Nigeria, 1963.
