My understanding of this section of the Evidence Act is that a court
cannot act on the uncorroborated evidence from any source to sustain
a conviction in a sexual offence case. While I agree that conviction of an
accused can only be valid when there is such corroborative evidence
(IKO v. THE STATE (2001) 14 NWLR (Pt. 732), I must state
straightaway that section 180(2) (a) does not impose any requirement
that the prosecutrix must testify. However, where the evidence from
the prosecutrix is the sole evidence in support of the charge of rape,
then such evidence must be corroborated.
The law is that whatever evidences the prosecution may wish to
adduce to prove its case; such evidence must be credible such
that it is sufficient to prove the case beyond reasonable doubt. The
absence of the victim's evidence is not necessarily fatal to the
prosecution case in sexual offences as an accused can be convicted of
the crime on the basis of the testimony of witnesses other than the
victim. This must be so because a toddler of two years may not be
expected to be able to testify in court. Her inability to testify, should
not absolved the accused person from criminal liability when there is
credible evidence to support the commission of the crime. The
prosecution may therefore properly rely on credible eye witness
accounts and compelling medical evidence to secure a conviction on
sexual offence cases. I therefore agree with the learned State Counsel
that the inability of the child victim to testify in this cause did not
necessarily fatal.
5