For this, and the more detailed reasoning in the leading judgment, both Courts
below were correct in finding the Appellant guilty of rape. Appeal dismissed.
CHIMA CENTUS NWEZE, J.S.C.: My Lord, Ogunbiyi, JSC, obliged me with the draft
of the leading judgment just delivered now. I agree with the reasoning and
conclusion.
The appellants principal plank for impugning the concurrent judgments of the two
Lower Courts was that the testimony of the prosecutrix was not corroborated.
This is rather curious for, quite apart from her evidence, PW2's testimony
confirmed the allegation of the PW1. Indeed, the testimony of PW5, the Medical
Doctor, overwhelmingly, confuted the appellants contention. Hear the role of the
PW5 in the rape saga: When we examined the vagina of the girl, the main
covering was found to be incompletely broken in the centre. Our conclusion is
that the victim was raped.
Now, prior to the amendment of Nigeria's Evidence Act in 2011, scholars and
other text writers had greeted, with forceful disapprobation, the practice which
required corroboration of the evidence of a rape victim, Justice Ngozi Oji, "Proof
of Sexual Offences in Nigeria," in UNIZIK Law Journal, Vol 7, No 1, 2010, 302-326;
Y. Osinbajo, Cases and Materials on Nigerian Law of Evidence (Lagos: Macmillan
Nigeria Publishers Ltd. 1992) 326; T. A. Aguda, Criminal Law and Procedure of the
Six Southern States of Nigeria, 756-757; O. S. Oyelede, ''Corroboration," in
Akintola and Adedeji (eds), Nigerian Law of Evidence:A Book of Readings (Ibadan:
University of Ibadan Press, 2006) 116 etc.
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