here the 'warning business' that the appellate Courts have been given to the trial
Judge.(Italics supplied for emphasis)
His Lordship turned to the justification of the English practice on this matter [that
was before the amendment of the law in England]. He explained that:
In England where the principle emerged and is applicable, the trial by jury is in
force. In view of the fact that the jury convicts, the procedure is that the Judge
should warn the Jury of the danger of convicting on the uncorroborated evidence
of the complainant. Is that really necessary in Nigeria where the Jury System is no
more What is the practical effect of the law expecting the trial Judge to warn
himself of the danger of convicting without corroboration If he does not warn
himself in reality and writes down in his judgment that he did, how useful is that
In the entire truth searching process Is our adjectival law not pretentious here
And can law afford to be pretentious
He advanced reasons why the corroboration requirement was unnecessary. Listen
to His Lordship's incisive reasoning on this matter:I am not comfortable with the
case law that corroboration is necessary to secure conviction of the
offence of rape. This is because I see no statute foisting on the prosecution
evidence of corroboration before convicting an accused. Section 350 of the
Criminal Code Act, Cap. 77 Laws of the Federation of Nigeria, 1990 which is similar
to the States Criminal Codes, does not provide that evidence of corroboration is
necessary for conviction. And the Criminal Code specifically provides for offence
where corroboration is necessary. Rape is not one of such. The above apart,
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