May 24, 2025
Legalpedia Citation: (2011-02) Legalpedia (SC) 92116 In the Supreme Court of Nigeria Fri Feb 4, 2011 Suit Number: SC.134/2010 CORAM SULEIMAN GALADIMA, JUSTICE OF THE SUPREME COURT […]
CORAM
SULEIMAN GALADIMA, JUSTICE OF THE SUPREME COURT
JOHN AFOLABI FABIYI, JUSTICE OF THE SUPREME COURT
SULEIMAN GALADIMA, JUSTICE OF THE SUPREME COURT
PARTIES
NDEWENU POSU OKE SEGUN APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellants were convicted for the offences of conspiracy to commit rape and rape at the Ogun State High Court and their conviction was reaffirmed by the Court of Appeal hence for this appeal. ?
HELD
Unanimously dismissing the appeal.
ISSUES
1. Whether penetration an ingredient factor in a charge of rape was proved in this case?
2. Whether PW1 is not an accomplice to put his evidence and that of the complainant under caution that requires corroboration?
RATIONES DECIDENDI
CONSPIRACY: MEANING
“Conspiracy means the meeting of the mind of the conspirators. It consists of intention of two or more and agreement by them to do an unlawful act or to do lawful act by an unlawful means.” Per SULEIMAN GALADIMA, J.S.C.
PROOF BEYOND REASONABLE DOUBT:WHEN DISCHARDED
“If on the entire evidence adduced before a trial court, the court is left with no doubt the offence was committed by accused person, that burden of proof beyond reasonable doubt is discharged and the conviction of the accused person will be upheld, even if it is the credible evidence of single witness.” Per SULEIMAN GALADIMA, J.S.C
PROOF BEYOND REASONABLE DOUBT:WHEN NOT DISCHARDED
Where the court considers the totality of the evidence and a reasonable doubt is created, the prosecution would have failed in its duty to discharge the burden of proof which the law vests upon it, thereby entitling the accused person the benefit of the doubt resulting in his discharge and acquittal.” Per SULEIMAN GALADIMA, J.S.C.
CONSPIRACY IS PREDICATED ON CIRCUMSTANTIAL EVIDENCE.
Conviction for conspiracy is usually predicated on circumstantial evidence, which must be of such a quality that irresistibly compels the court to make an inference as to the guilt of the accused.” Per SULEIMAN GALADIMA, J.S.C.
CASES CITED
1. AFOLALU v. STATE (2010) ALL FWLR (PART 538) 812 at 828.2. FOTOYINBO v. ATT-GEN, WESTERN NIGERIA (1966) WNLR 4; 3. ALONGE v. INSPECTOR-GEN. OF POLICE (1959) SC NLR 516 4. STATE v. DANJUMA (1997)sNWLR (pt.506) 512.
STATUTES REFERRED TO
Criminal code Law, Laws of Ogun
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