Principal State Counsel and G. A. Bamikole, Esq., Legal Officer (NYSC) all of the
Ministry of Justice, Abakaliki.
In the appellants brief of argument, three issues were nominated therein for the
determination of the appeal. They are, to wit:
1. Whether the prosecution has proved its case of rape against the appellant
beyond reasonable doubt?
2. Whether the trial Court was right when it admitted and convicted the appellant
based on the alleged confessional statement (Exhibit P3) when the said Exhibit P3
did not comply with Section 28 of the Evidence Act, 2011 as amended?
3. Whether the non representation of appellant by counsel at crucial stage of his
trial, did not violate the constitutional right of the appellant?
On the part of the respondent, two issues were suggested for the determination
of the appeal, thus:
1. Whether the prosecution has beyond reasonable doubt, proved its case of rape
against the Appellant.
2. Whether the non-representation of the Appellant by a counsel at the crucial
stage of his trial constituted a violation of the Appellants fundamental right to fair
hearing.
Having perused the record of appeal, the judgment of the Court below vis-a-vis
the grounds of appeal against that judgment and the issues nominated by the
respective counsel to the parties. I am satisfied that the two issues nominated by
the respondent which covers issues 1 and 3 of the appellants, are sufficient to