alone cannot serve as the required corroboration under S.182(3) of the Evidence
Act. That medical report must go further and state that it was infact the appellant
that raped the victim. R. v. Knight (1966) 1 All E.R p.647; Francis Okpanefe v. State
(1969) 1 All NLR 420; (1969) Vol. 6 NSCC p.382.
Having considered the evidence before the trial court coupled with the
submission of both counsel in their respective briefs I realised that the evidence
of the prosecutrix (PW3) was damning against the appellant. Going by her
evidence it was the appellant who had that nasty indecent assault on her. The
evidence of her senior brother (PW2) a child under 14 years of age cannot
possibly corroborate her own testimony. Both made unsworn testimony.
Unsworn evidence of a child cannot corroborate another unsworn testimony of
another child, The fact that the appellant unsuccessfully put up a defence of alibi
cannot in law serve as a corroborative evidence even though it may strengthen
the prosecution evidence. The medical evidence though heavily attacked by the
defence shows somehow that there was an act of rape but nothing in the
evidence linked or tried to link the appellant with the commission of that offence
called rape. That is where, with due respect, the learned trial Judge went wrong in
convicting the appellant on the ground that the required corroborative evidence
was available. Corroborative evidence must be evidence which confirms in some
material particular not only that the crime has been committed but also that it
was the appellant who committed it.
My Lords, in the appeal before us there was no sufficient corroboration. Agreed
that the evidence (unsworn) of the victim and her brother directly implicated the
appellant. ,These pieces of evidence if believed and corroborated are sufficient to
justify the conviction of the appellant. It was clearly believed by the trial court.
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