"In the instant case, the appellant, at the trial apart from not objecting to the
admission into evidence of Exhibit P3, did not allege that he was beaten or
tortured in making the confessional statement. If that were the situation, the
learned trial judge would have been duty bound, to conduct a trial-within-trial, in
order to determine the voluntariness or involuntariness of the said confessional
statement. Osuagwu v. The State (2013) 1 SCNJ 33 at 58 - 59. However, since that
was not the scenario at the trial, the learned trial judge was eminently justified in
admitting into evidence, the appellant's confessional statement, that is, Exhibit
P3." Per YAKUBU, J.C.A. (P. 24, Paras. A-D) (...read in context)
6. EVIDENCE - CORROBORATION/CORROBORATIVE EVIDENCE: Nature of evidence
required as corroboration for the offence of rape
"The learned trial judge, found that the pieces of evidence proffered by the
prosecutrix - PW1 and the medical officer - PW4 who examined the PW1 after the
sexual assault on the latter, were uncontradicted. And after reviewing the
evidence of the prosecution witnesses, his Lordship found as follows at page 77 of
the record of appeal: "Following from the above, it is my view that the entire
evidence of the prosecution which was in no way challenged or contradicted by
the defence, establishes on unequivocal terms the fact of rape of the victim in this
charge, Ezinne Ukpai. The evidence of the victim (PW1) and the medical doctor
(PW4) together with the medical report, Exhibit "P5" established the fact of
sexual intercourse. It is trite from judicial decision that the term "carnal
knowledge" means sexual intercourse which is complete upon penetration. See