Additionally, it corroborates this new prosecutrix’s (PW2) testimony the Offender had sexual intercourse along with her and you can pushed their own in order to suck their knob

See: James compared to County of Lagos (2021) LPELR-52456 (CA); Eze vs State (2019) LPELR-47984 (CA); Aje against County (2019) LPELR-46828 (CA). Like corroboration should be reputable, outside and you will in addition to the testimony of your own youngster. The data of all of the witnesses of one’s prosecution that supposedly substantiated the new testimony out-of PW2 was all of brightwomen.net Les hele rapporten the produced by PW2 by herself. In addition, eg corroboration must not just mean that new offense try the time it should reveal that this new Accused in fact committed the new offence. The prosecution’s case is actually bereft of every cogent and even credible independent corroborative proof. Surface 30-Four The newest Honourable All the way down Court erred in-law when in relying on evidence of PWI, they kept you to definitely: “…

In-law, a dental confession is really as strong once the an authored confession. It is an article of direct and you will convictable evidence… New Appellant was not energized if you are good sex nut. Of the supply of Proof Act a great confession is a keen admission from a guy truly. It’s a statement made by one charged with a criminal offense. See: Uluebeka compared to State (2000) LPELR-3354 (SC). The brand new testimony otherwise proof PW1 contrary to the Appellant could not create a good confession up against the Appellant. Soil Thirty-Four This new Honourable Lower Court erred in law in the relying on the means to access circumstantial evidence in the dedication of your age of PW2 and you can and so incorrectly determined that PW2 was a baby since from the big date of alleged offense.

Particulars step one. Recourse so you’re able to circumstantial facts is just permissible where lead evidence was for an effective end in, unavailable. From the provision out-of Areas 7 and you can fifteen of Births, Fatalities, an such like. It is inconceivable the beginning from PW2 was not entered. It was incumbent into prosecution in order to adduce factor of their failure in order to make this new Birth Certificate out-of PW2 so you can validate dependence by Honourable All the way down Courtroom towards the circumstantial evidence and you may and this weight wasn’t released. On the appropriate dependence of your own Honourable All the way down Courtroom towards circumstantial research in return for lead facts (ie. Production of PW2′s Birth Certificate) don’t experience the fresh finding that PW2 is actually 16 yrs . old once the from the date of alleged fee of offense. RELIEFS Needed Regarding the Court Regarding Focus we.

The law was trite one into the cases of defilement otherwise sexual physical violence regarding a child, the evidence of these youngster have to be substantiated

Your order of this Honourable Courtroom enabling which desire. Your order with the Honourable Judge setting aside the option out of the new Honourable Straight down Judge included in the view introduced into 24th day of iii. Your order putting away new belief of and you will quashing the brand new sentence up against the Appellant of the Honourable Down Judge into 24 day’s . An order associated with the Honourable Court discharging and acquitting the brand new Appellant of your offences spelt out on that person of the information submitted in charge Zero: ID/20289C/2022. Persons In person Impacted by New Focus Identity DR. OLUFEMI OLALEYE …Appellant Address >…C/o His Lawyers > Pinheiro LP. Of Coker Street, Ilupeju, Lagos.

The condition of LAGOS …Respondent Address >…C/o The brand new Lawyer General and you may > Administrator getting Justice out of Lagos Condition > Ministry away from Justice, Alausa, Lagos Condition. Dated the fresh new 24thday out-of

Closed From the: Dr. ‘Kemi Pinheiro, OFR, SAN, FCIArb., Olaniyi Olopade, SAN, FCIArb., Babatunde Ogala, OFR, SAN., Olusegun Fabunmi, SAN.. Chukwudi Adiukwu, Esq.. Adebowale Kamoru, MCIArb., Adebisi Oridate, Esq.. Chukwudi Enebeli, MCIArb.,

PINHEIRO LP, Appellant’s Lawyers 5/7 Folayemi Roadway, Away from Coker Road, Ilupeju, Lagos. Tel: 08022259872, 08143233555 E-mail: ; ; URL://http.pinheirolp chukwudienebelia

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