address same, I will however adopt a different sequence in addressing
these issues.
On the issue of whether the accused had carnal knowledge of the
complainant.
It is settled that for the prosecution to ground a conviction on a charge of
defilement, the prosecution would have to prove the following ingredients
of the offence beyond reasonable doubt.
1.
2.
3.
4.
That
That
That
That
there was carnal knowledge.
the act was unlawful.
the girl was under sixteen years new 18 years as amended.
the act was that of the accused person.
There is no iota of doubt in the evidence before this court that the
accused had carnal knowledge of the complainant. Apart from the
complainant alleging so, the accused himself admitted to having carnal
knowledge of the complainant in his evidence under oath. It is trite that
what is admitted needs no further proof. It remains admitted as
establishing the facts alleged therein. See: Antoine Banna v. Ocean View
Resort Ltd. (2002-2008) 1 GLR18, Mozie v. Mba Malu (2006) 25 NSCQR
425 Friday Kamalu & Ors v. Umuana & Ors (1997) 5 SCNJ 191.
However, as rightly pointed out by counsel for the defence, the offence for
which the accused stands charge under Section 127 of the Criminal
Code is a sexual offence which falls within the eases stated under
Section 180 (2)(a) of the Evidence Act 1994 in which evidence needed
corroboration. However there is no necessity to find out whether the
evidence before the court on the issue of carnal knowledge has been
corroborated in the face of a blatant admission by the accused.
Notwithstanding, the court will still venture in to same it being a criminal
matter. Section 179 of the Evidence Act 1994 states.
“Corroboration consists of independent evidence
from which a reasonable inference can be drawn
which confirms and supports in some material
particular the evidence to be corroborated and
connects the relevant person with the offence,
claim or defence”.
When a piece of evidence requires corroboration what to look for is any
independent testimony in support of the evidence as pointed out by the
west African court of Appeal in R v. Sekun and others (1941) 7 WACA 10.
“In most cases where the question of
corroboration arises the question is, is there
independent testimony which affects the accused
by tending to connect him with the crime?......”
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