Court. See CONSORTIUM M.C. 3632 LOT. 4, NIG. VS NEPA (1992) 6 NWLR (PT. 246) 132; STANDARD
CONSOLIDATED DREDGING CONST. CO. LTD. (1986) 5 NWLR (PT. 44) 791, 799; EZEUGO VS THE STATE
(2010) 9 NWLR (PT. 1360) 508. A well drafted issue for determination should have the qualities of
precision, brevity, accuracy and clarity. It should be concise and comprehensive. See UWAIFO VS
UWAIFO (2005) 3 NWLR (PT. 913) 479." Per WAMBAI, J.C.A. (Pp. 4-5, Paras. E-E) (...read in context)
15. CRIMINAL LAW AND PROCEDURE - GUILT OF AN ACCUSED PERSON: How to establish/prove the guilt
of an accused person
"It has been established over time that the prosecution may establish the guilt of an accused person
either by the confessional statement of the accused; by circumstantial evidence; or by the evidence of
eye witness account of the commission of the crime. See IGABELE VS THE STATE (2009) 6 NWLR (PT.
975) 100; ADEKOYA VS THE STATE (2012 VOL. 3 M JSC (PT. 11) 77; NIG. NAVY & 2 ORS VS LT.
COMMANDER S.A. IBE LAMBERT (2007) ALL FWLR (PT. 398) 574, AT 586." Per WAMBAI, J.C.A. (P. 14,
Paras. A-C) (...read in context)
16. CRIMINAL LAW AND PROCEDURE - OFFENCE OF RAPE: Meaning and essential ingredients of the
offence of rape
"In legal parlance, rape simply means a forceful sexual intercourse with a girl or woman without her
giving consent to it or when in law she is incapable of giving her consent. See POSU & ANR VS THE STATE
(2011) LPELR - 1969 (SC). The essential ingredients of the offence of rape statutorily provided in Section
282 of the Penal Code as judicially interpreted and endorsed in a plethora of judicial authorities which
the prosecution must prove to succeed are the following:- a. That the accused had sexual intercourse
with the prosecutrix (the victim). b. That the act of sexual intercourse was done without her consent or
that the consent was obtained by fraud, force threat, intimidation, deceit or impersonation or when she
is under the age of 14 years. c. That the prosecutrix (victim) is not his wife and d. That the accused had
the mens rea, the intention to have sexual intercourse with the prosecutrix without her consent or that
the accused acted recklessly not caring whether the prosecutrix consented or not. e. That there was
penetration. See LUCKY VS THE STATE (2016) LPELR - 40541 (SC); IKO VS THE STATE (2001) 14 NWLR (PT.
332) 195; POSU & ANOTHER VS THE STATE; EZIGBO VS THE STATE (2012) (Supra) ?It is unquestionable
that to secure or sustain a conviction for the offence, the prosecution must positively prove beyond