"?The ingredients of the offence of rape or unlawful carnal knowledge are as
follows: a. That the accused had sexual intercourse with the prosecutrix. b. That
the act of sexual intercourse was done without her consent or that the consent
was obtained by fraud, force, threat, intimidation, deceit or impersonation c. That
the prosecutrix was not the wife of the accused. d. That the accused had the
mens rea, the intention to have sexual intercourse with the prosecutrix without
her consent or that the accused acted recklessly, not caring whether the
prosecutrix consented or not. e. That there was Penetration." Per KEKERE-EKUN,
J.S.C. (Pp. 29-30, Paras. G-C) (...read in context)
3. CRIMINAL LAW AND PROCEDURE - OFFENCE OF RAPE: Most important
ingredient of the offence of rape; whether rape is complete upon proof of
penetration
"The most important and essential ingredient of the offence is penetration. The
Court will deem that sexual intercourse is complete upon proof of penetration of
the penis into the vagina. Any or even the slightest penetration will be sufficient
to constitute the act of sexual intercourse. See: Posu Vs The State (2011) ALL
FWLR (Pt.565) 234 @ 250 B - E; Jegede Vs The State (2001) 14 NWLR (R.733) 264;
Ogunbayo vs The State (2007) ALL FWLR (Pt. 355) 408." Per KEKERE-EKUN, J.S.C.
(P. 30, Paras. D-F) (...read in context)
4. CRIMINAL LAW AND PROCEDURE - DEFENCE/PLEA OF ALIBI: Circumstances
where the defence of alibi would not avail an accused person