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a case on the desirability of there being corroboration of the complainant's evidence." This
position has been applied in a plethora of authorities of the Supreme Court of Nigeria.
See the cases of IKO v. THE STATE (2001) 14 NWLR (Pt. 732); POSU v. THE STATE
(2011) LPELR-SC. 134/2010. From these authorities it is seems that though there is no
statutory requirement for corroboration, yet as a matter of practice, corroboration
though not essential, is almost always required before conviction.
The above position is not true of our law as section 180 (2) (a) of the Evidence Act,
makes it statutorily mandatory for the Court to seek for corroboration of the evidence of
the prosecutrix in sexual offence cases. According to section 180 (2) of the Evidence Act;
“…a court shall not in the following cases, act on uncorroborated evidence …
(a) cases of rape and other sexual offences against the complainants;”
The use of the mandatory ‘shall not’ in section 180 (2) (a) cited above, in my view, robs
this court of any discretion. It is now common ground that in all cases where the law
provides that corroboration is necessary, a conviction of an accused can only be valid
when there is such corroborative evidence. That is the case where statutory
corroboration is required (IKO v. THE STATE (supra)) as in the instant case.
In terms of Section 179 of the Evidence Act, corroboration is any evidence that tends to
confirm the evidence of the prosecutrix on any material issue. See the West African
Court of Appeal Case of R v. SEKUN & Ors (1941) 7 W ACA, 10. It is also settled that
the corroborating evidence must be extraneous to the evidence of the prosecutrix. See R
v. WHITE HEAD (1929) I.K.B 99, 102.
Since there is no evidence of an eye witness account of the alleged offence, the law
allows the court to rely on circumstantial evidence to determine the guilt or otherwise
of the accused person. In OGUNBAYO v. THE STATE (Supra), the Court held inter alia
that in cases of this nature corroboration could be deduced from circumstantial