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Rape Law in Nigeria

Decent Essays

IN THE SUPREME COURT OF NIGERIA
On Friday, the 1st Day of June 2012 Before their Lordship Walter Samuel Nkanu Onnoghen ..... Justice Supreme Court Ibrahim Tanko Muhammad Suleiman Galadima ..... Justice Supreme Court Nwali Sylvester Ngwuta ..... Justice Supreme Court Olukayode Ariwoola ..... Justice Supreme Court

SC35/2010 Between
Edwin Ezeigbo .... Appellant

And
The State .... Respondent

Judgment of the Court
Delivered by Walter Samuel Nkanu Onnoghen. JSC his is an appeal against the judgment of the Court of Appeal Holden at Abuja in appeal no. CA/A/51 C/2007 delivered on the 8 th day of January, 2008 in which the court dismissed the appeal of the appellant against the decision of the High Court of Niger State of Nigeria, Holden at …show more content…

Appellant later gave PW. 2 ₦30.00 and warned her not to tell anybody about it; that Exhibit 2 shows that there was rupture in the hymen of PW.2 due to penetration by penal sharp (penis) as testified to by PW.5. Turning to the submission of counsel for appellant to the effect that neither Exhibit 2 nor PW.5 linked appellant with the commission of the offence, learned counsel submitted that the gist of the offence of rape is penetration which has been established in this case; there is no doubt that the offence of rape was established but what appellant disputes is the fact that he had not been linked with the commission of the offence as the offender. It is the further contention of counsel for respondent that evidence of PW.2, an unsworn evidence of a child needed corroboration to ground a conviction and that in the instant case such corroboration exists in the evidence of PW.5 and Exhibit 2; that the acts of the appellant in running away upon being confronted by PW.1 after buying the children ice cream and zobo together with appellant going to plead with the parents of the girls constitute further eviden ce of corroboration of the

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