2. EVIDENCE - CORROBORATION: Nature of a corroborative evidence capable of grounding conviction on
a charge of rape

"The nature of a corroborative evidence capable of grounding conviction on a charge of rape is that it
must be cogent, compelling, and unequivocal as to show without more that the accused committed the
offence charged. See: Igbine v. State (1997) NWLR (Pt.519) 101." Per AKAAHS, J.C.A. (P. 13, paras. F-G)
(...read in context)

AKAAHS, J.C.A. (Delivering the Leading Judgment): The accused was arraigned before the High Court
Benin for the offence of rape in charge No. B/8C/91. He was found guilty and sentenced to 5 years
imprisonment. The charge reads as follows:-

"Statement of Offence:
Rape, contrary to section 358 of the Criminal Code, Cap. 48, Vol. 11, Laws of former Bendel State of
Nigeria 1976 as applicable in Edo State of Nigeria.
Particulars of Offence
Sunday Jegede on or about the 24th day of May, 1989 in Benin City had carnal knowledge of Oghogho
Ogunbor (f) without her consent"

To prove its case the prosecution called six witnesses namely, Dr. Suleman Abu (1st P.W) Oghogho
Ogunbor, the prosecutrix (2nd P.W); Mr. Fidelis Erameh, headmaster of the University of Benin Staff
School (3rd P.W); Vera Ezomo (4th P.W); Florence Oni (5th P.W) and Sgt. Samuel Freeborri (6th P.W)
who was the Investigating Police Officer.
The accused gave evidence in person and called three other witnesses for the defence amongst whom
was Irene Osagie who was present at the time the incident was alleged to have taken place. The
prosecutrix ran to her and told her that one man wanted to rape her.
The learned trial Judge after reviewing the evidence adduced found the accused guilty as charged and
sentenced him to 5 years imprisonment on 16th June, 1993. The accused was dissatisfied with his
conviction and filed his notice and 2 grounds of appeal on 15th July, 1993. He will hereinafter be
referred to as the appellant in this appeal.

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