DENNIS C.O. IWENOFU VS CHIEF FRANCIS A. IWENOFU
August 8, 2025UMUDJE & ANOR V SHELL -BP PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED
August 8, 2025Legalpedia Citation: (1975) Legalpedia (SC) 18108
In the Supreme Court of Nigeria
Fri Nov 28, 1975
Suit Number: SC. 162/1975
CORAM
JUSTICE, SUPREME COURT (Read the Leading Judgment)
JAMES OGENYI OGEBE
E.O.I AKPATA- JUSTICE, SUPREME COURT
PARTIES
JOSEPH ADEREMI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant arranged with the prosecutrix for her to visit him in his house. The prosecutrix went to the Appellants house at 11 p.m. in the night. While in the house the Appellant had sexual intercourse with the prosecutrix and the prosecutrix was. The Appellant assisted her to clean this blood. After the incident the prosecutrix reported the matter.
HELD
The Court allowed the appeal and the conviction and sentence quashed and verdict of acquittal substituted.
ISSUES
Whether the learned trial Judge erred in law in finding the Accused/Appellant guilty of the offence of rape contrary to S. 299 of the Criminal Code of the Western Region of Nigeria Applicable in the Mid-West State.
RATIONES DECIDENDI
INCONSISTENCE BETWEEN DEPOSITION AND EVIDENCE
“The effect of allowing a party producing a witness to impeach the credit of the said witness by showing that the witness made statements inconsistent with the evidence on oath is to make the witness unreliable.” NASIR, JSC.
CASES CITED
Joshua v. The Queen (1964) 1 All NLR 1
Christopher N. Onubogu and another v. The State (1974) 9 SC 1 at 17
The Queen v. Joshua (1964) 1 All NLR 1 at page 3
R. v. Golder (1960) 1 WLR 1169
R. v. Wainright 13 Cox. C.C. 171
The Queen v. Lillyman, 1896, 2 QB 167 at 177
STATUTES REFERRED TO
Criminal Code of the Midwestern State of Nigeria
Evidence Act
