2. CRIMINAL LAW AND PROCEDURE - CONFESSIONAL STATEMENT: Effect of
failure to object to the admission of as of a confessional statement
"If an accused person does not object when his confessional statement is being
tendered, the only reasonable conclusion is that it was made voluntarily. See
Bello Shurumo V. the State (2010) 19 NWLR (Pt 1226) 73 wherein it was held that
the failure to object the two confessional statements when they were tendered
and admitted as exhibits was held as conclusive evidence that they were both
made voluntarily. This is more so when a counsel stands by and allows exhibits to
sail smoothly through without any objection." Per OGUNBIYI, J.S.C. (Pp. 20-21,
Paras. E-A) (...read in context)
3. CRIMINAL LAW AND PROCEDURE - OFFENCE OF RAPE: What is the most
essential ingredient in the proof of rape
"In proof of rape therefore, the most essential ingredient of the offence is
penetration, the extent no matter how slight will serve sufficient proof. It is well
accepted and settled that penetration, with or without emission, is sufficient even
where the hymen is not ruptured. The slightest penetration has served as
sufficient to constitute the act of sexual intercourse. Again see Iko V. State,
Ogunbayo V. State and State V. Ojo all under reference (supra) also Jegede V.
State (2001) 14 NWLR (Pt.733) 264." Per OGUNBIYI, J.S.C. (P. 12, Paras. D-F)
(...read in context)