It is on record that exhibit A was tendered by the appellant when his counsel cross-examined Mr. Eguakun, who testified as PW2. The record of cross-examination of PW2 and the tendering and admission of exhibit A spans pages 23 to 24 of the record of appeal as follows: CROSS-EXAMINATION BY OMOTAYO It is true that when the father of the accused came and pleaded with us that the matter be settled as the son 25 had admitted the offence, I accepted that the matter be settled. It is true that at Abraka Magistrate Court, I deposed to an affidavit. This is the agreement that I deposed to at Abraka Magistrate Court. OMOTAYO: I seek to tender as a exhibit. ODOGWU: No objection. COURT: Affidavit as to settlement is admitted and marked as exhibit A. P.W.2: I did not see the accused as he was having sexual intercourse with my daughter. RE-EXAMINATION: Nil. In his statement to the police exhibit B, the appellant stated, inter alia, as follows: I know the victim, we live in the same Community. On the 6th day of September 2014 in the evening time, when I was coming from bros Andrew place surname unknown to me, I saw the victim, I called he and she came, I then took her to one uncompleted building and asked her to pull her cloths, which she did, I then sleep on top of her and had unlawful carnal knowledge with her and blood started coming out at her body. as I saw the blood I then told her to go and I myself left. As I was going, one man by name Lucky called me and I went to him, from there he hold me on my trouser that 26

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