CORAM
KUTIGI
OGBUAGU
WALTER SAMUEL NKANU ONNOGHEN JUSTICE. SUPREME COURT
OGBUAGU
KUTIGI
WALTER SAMUEL NKANU ONNOGHEN JUSTICE. SUPREME COURT
OGBUAGU
WALTER SAMUEL NKANU ONNOGHEN JUSTICE. SUPREME COURT
KUTIGI
OGBUAGU
KUTIGI
KUTIGI
WALTER SAMUEL NKANU ONNOGHEN JUSTICE. SUPREME COURT
KUTIGI
WALTER SAMUEL NKANU ONNOGHEN JUSTICE. SUPREME COURT
KUTIGI
OGBUAGU
OGBUAGU
WALTER SAMUEL NKANU ONNOGHEN JUSTICE. SUPREME COURT
OGBUAGU
WALTER SAMUEL NKANU ONNOGHEN JUSTICE. SUPREME COURT
OGBUAGU
WALTER SAMUEL NKANU ONNOGHEN JUSTICE. SUPREME COURT
KUTIGI
OGBUAGU
WALTER SAMUEL NKANU ONNOGHEN JUSTICE. SUPREME COURT
OGBUAGU
OGBUAGU
KUTIGI
KUTIGI
WALTER SAMUEL NKANU ONNOGHEN JUSTICE. SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN JUSTICE. SUPREME COURT
KUTIGI
KUTIGI
KUTIGI
KUTIGI
WALTER SAMUEL NKANU ONNOGHEN JUSTICE. SUPREME COURT
OGBUAGU
OGBUAGU
OGBUAGU
OGBUAGU
OGBUAGU
OGBUAGU
OGBUAGU
OGBUAGU
KUTIGI
OGBUAGU
KUTIGI
WALTER SAMUEL NKANU ONNOGHEN JUSTICE. SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN JUSTICE. SUPREME COURT
OGBUAGU
WALTER SAMUEL NKANU ONNOGHEN JUSTICE. SUPREME COURT
OGBUAGU
PARTIES
OLUDOTUN OGUNBAYO APPELLANTS
THE STATE RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The PW1 accused the Appellant of having forceful carnal knowledge of her but the Appellant said he was called out from the bathroom and beaten by the father of PW1 with 5 of his drivers and stripped naked. The Appellant was found guilty.
HELD
The Supreme Court held that the prosecution proved the case against the accused beyond reasonable doubt. The decision of the court below was affirmed.
ISSUES
1. Whether the evidence of PWl required any corroboration before the court can act on it and if so whether the evidence was corroborated by the evidence of PW5 or any of the prosecution witnesses.
2. Whether there are material contradictions in the case of the prosecution which ought to have been resolved in favour of the Appellant failure of which occasioned miscarriage of justice.
3. Whether the prosecution proved the case against the Appellant beyond reasonable doubt.
4. Whether the trial Judge by his comments and by raising and determining issues suo moto has not descended into the arena of conflict in a way that cannot guarantee fair hearing and thereby ocassioned miscarriage of justice
RATIONES DECIDENDI
CAN AN ACCUSED BE CONVICTED ON UNCORROBORATED EVIDENCE OF PROSECUTRIX
Evidence in corroboration, must be an independent testimony, direct or circumstantial, which confirms in some material particular, not only that an offence has been committed, but that the accused person has committed it. I.F. OGBUAGU, JSC
INGREDIENTS TO PROOF RAPE
The important and essential of the offence of rape, is penetration. It is also settled that sexual interference, is deemed complete, upon proof of penetration of the penis into the virgina.- I.F. OGBUAGU, JSC
MEANING OF RAPE
It is now settled that in legal parlance, any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of threats or intimidation of any kind or by fear of harm or by means of false and fraudulent representation as to the nature of the act, is guilty of the offence of rape. – I.F. OGBUAGU, JSC
CASES CITED
1. R v. Goldstein (1914) 11 CAR. 27.2. R. v. Marsden (1891) 2 Q.B. 149 at 1503. R. v. Baskerville (1916) 2 K.B. 658 4. Sunmonu v. Inspector General of Police (1957) WRNLR 23
STATUTES REFERRED TO
Section 357 of the Criminal Code