independent evidence establishing same.- See N.A. Police vs. Allah na Gani (1968) NMLR 8. We are
urged to allow the appeal on this issue.
In the respondents brief written by A. A. Ibrahim Esq.., it was pointed out that the appellant has
conceded that the prosecution has proved the essential elements of the offence of Rape which are
lack of consent and penetration. He however contended that the evidence of PW4 (The prosecutrix)
being an unsworn evidence of a child has not been corroborated by an independent evidence as
required by law (see page 4 issue No.1 of the appellants brief). It is submitted in the respondents brief
that corroboration means no more than evidence tending to confirm, support and strengthen other
evidence sought to be corroborated. It needs not be direct evidence that the accused person
committed the crime. It is sufficient if it is merely circumstantial evidence of his connection with the
crime - See Oladotun Ogunbayo vs. The State (2007) 8 NWLR (Pt.1035) 157 at 179, Dagayya v. The
State (2006) 7NWLR (Pt.980) 637 at 682. It is submitted in the brief that the evidence of PW1, PW2 as
well as Exhibit A (The medical report) are sufficient corroboration of the evidence of PW4. We are
urged to hold that the evidence of PW4 was duly corroborated and to discountenance the argument
of the appellant under issue 1 as the prosecution is not under any obligation to prove a case beyond
fanciful doubts - See Bakare vs. The State (1987) NWLR (pt.52) 579 at 579.
In the resolution of the first issue our starting point is to consider first the concession made by the
appellant in his brief of argument in these words:
"Although the issue of consent does not arise, we submit that the only evidence before the trial court
upon which the trial court relied, are the evidence of the prosecutrix and the medical report (Exhibit
"A") all of which we concede establish the fact that there was penetration."
This concession deals with the important essential ingredient of the offence of rape namely that of
penetration. The argument in the appellants brief is centred on whether there is a corroboration of
the evidence of an unsworn child of 5 years old. Now the immediate question to ask is whether or not
corroboration is required. Corroboration of the evidence of a witness is not required except where the
law demands it. Evidence of corroboration of the evidence of the victim in rape cases is not a
requirement as a matter of law but only in practice. In other words in cases of sexual character it is
eminently desirable that the evidence of the prosecutrix or complainant should be strengthened by
other evidence implicating the accused person in some material particulars. It is however not the law
that the accused person in a charge of rape cannot be convicted on the uncorroborated evidence of
the prosecutrix - See the cases of Iko v. State (2001) 14 NWLR (Pt.732) 221; Ibeakanma vs. Queen