affirmed the trial Courts decision. Dissatisfied the Appellant appealed to the Supreme Court. The Court held that the act of rape is by nature unlawful because the concept involves an aggressive carnal knowledge of a female without her consent. Consent in this context must be devoid of any form of external influence. A child who is under age is not however capable of giving consent. Rape by nature is grave, devastating and traumatic. It also reduces the totality of the victims personality. Several definitions given to rape are all characterized by an absence of consent as a common feature. Elias JSC. It was on this ground, that the appeal was dismissed. The issue of identity raised by the Respondent in the course of his argument goes to no issue as the Appellant did not deny the fact that he slept with the PW1 repeatedly and that they knew each other very well. PW1 was found in the residence of the Appellant. (See Princent v. State (2002) 18 NWLR (Pt. 798) 49 SC). The position of a Judge adjudicating in a case in Nigerian adversary system is that of an unbiased umpire. In the case of Nziwu v. Onuorah (2002) 4 NWLR (Pt. 756) 22 SC states the attitude of an Appellate Court as ragards findings of fact by a lower Courts. The Supreme Court will not interfere with the concurrent findings of both the trial Court and the Court of Appeal except there is established fact of miscarriage of justice or violations of some principles of law or procedure. Similarly, this Court