case of POSU V. THE STATE (2011) LPELR – SC. 134/2010 was cited in
support.
The prosecution Counsel submitted that corroboration is a confirmation of
witness’s evidence by independent testimony. That a piece of evidence
which reinforces, confirms or supports another piece of evidence of the same
fact is a corroboration of that other one. And that exhibit ‘B’ provided the
corroboration that the prosecutrix and the Accused were living in the same
house when the offence was committed. She submitted that corroborative
evidence need not be direct as it suffices to tend to show that the Accused
committed the offence.
She cited the case of DARAGO V. THE
STATE(1993) NWLR 9Pt.276) at 157.
Counsel further cited the cases of ANTOINE BANNA V. OCEAN VIEW
RESORT LTD (2002 – 2008) 1 GLR 1 at 18 and AMUSA V. STATE
(2005)1 NCC 91 ratio 7 on admitted facts requiring no further proof.
Counsel also argued that the Court can convict on circumstantial evidence
which is unequivocal, positive and point irresistibly to the guilt of the
Accused.
Regarding Count 2, the defence Counsel referred the Court to Section 148
(1) of the Criminal Code which provides that, “A male person who has carnal
knowledge of a female person, who is to his knowledge his granddaughter,
daughter, sister or mother, commits a felony and is liable to imprisonment for
a term of five years”.
Counsel contended in order to prove this offence the prosecution must
establish that the Accused is the grandfather of the prosecutrix (PW2). That
the evidence on record did not establish that the Accused is the grandfather
of PW2. Rather PW2’s grandfather is one Alfusainey Keita. That the
prosecution failed to prove that PW2 is the Accused’s grand daughter. That
the prosecutrix’s grand mother and the grandfather were not called by the
prosecution to establish paternal or maternal lineage between the Accused
and the prosecutrix. And that PW1, DW2 and even PW2 confirmed that the
Accused is not the grandfather of the prosecutrix.
JUDGMENT – THE STATE VS MUSA KEITA 27/7/2016
Page | 6