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learned counsel urged me to discharge and acquit the accused person for want of
sufficient evidence.
The prosecution elected to waive their right to address and did not make any
arguments by way of a rejoinder.
I now turn to the substance of the matter before me. I have read sections 121 and 122 of
the Criminal Code and it appears to me that for the offence of rape to be established, the
prosecution must first prove the following:
(a) There was carnal knowledge of the Prosecutrix,
(b) The act was that of the accused person, and
(c) The prosecutrix did not give her consent.
I will now proceed to deal with the above issues one after the other.
The testimony of the prosecutrix is that the accused had unlawful carnal knowledge of
her and without her consent. I agree with learned defence counsel that the requirement
of corroboration is an essential element in rape or sexual offence cases. Since Nigerian
case law has had such a tremendous influence on the criminal law jurisprudence of this
country, I find it expedient to distinguish the position of the law on corroboration as it
relates to rape and other sexual offence cases; as we have it here and as it obtains in
Nigeria.
The position of the law in Nigeria with regards to corroboration in sexual offences was
aptly stated in the case of OGUNBAYO v. THE STATE (2007) 8 NWLR (Pt. 1035),
wherein the Supreme Court of Nigeria stated inter alia that "… in the cases of a sexual
character, it is eminently desirable that the evidence of the complainant should be strengthened
by other evidence implicating the accused person in some material particular. It is true that there
is nothing in law to prevent the court from convicting on the uncorroborated evidence of the
complainant, but it is an established rule that the presiding judge must direct himself … in such