Sworn on Holy Bible and states in English Language as follows ..."
This was on 20th January, 2004. At p. 65 and on 4/2/2004 when PW1 actually gave evidence, he was
reminded of his previous oath, before he proceeded to give his evidence.
It is glaring to me that PW1 gave sworn evidence and not an unsworn evidence as contended by
appellant's counsel. Records, it is said speak for itself. I do not understand the appellant's counsel as
challenging the correctness of the record which indicates that the PW1 was tested with respect to his
understanding of the nature of an oath and a duty to tell the truth, which was certified by the learned
trial judge, before PW1 gave his evidence on oath. Hence there is a presumption of the correctness of
the record as to the conduct of the test by the learned trial judge on the PW1 as to his understanding of
the nature of an oath and of his duty to tell the truth before PW1 gave his evidence on oath.
Therefore, the evidence by the PW1 had probative value because PW1 was a competent witness. He
indeed was aware of the fact that it was the appellant who informed his deceased younger sister Favour that her mother needed her in the market and left with her on 5/4/2003. But Favour never
returned home since then.
I wonder why the learned appellant's counsel submitted that PW2 was not an independent witness.
PW2 was the medical pathologist who performed the post mortem examination on the corpse of the
deceased Favour Ihoeghilan. He found multiple injuries on different parts of the body. There was a
bruise on the right side of the face near the right eye measuring about 3cm on diameter ..... There were
also multiple small abrasions and bruises below the right eye; etc, etc. PW2 found that "the injuries to
the face could have been caused by the application of a blunt object have (sic) (like) a fist a place of
wound as a result of forcefully pushing a blunt object repeatedly into the vagina, such as a male organ,
the penis or any other object that is so shaped." He also found that there was a first degree burns on the
corpse of the deceased young girl.
Both in Exhibits A and D, the appellant stated that he had to fall the young girl down and started forcing
his male organ into her vagina and also beat her into submission and at the end set her ablaze. I am
satisfied that the features or injuries found on the corpse of the deceased are all consistent with the
contents of Exhibits A and D, with respect to the scene of the crime and what transpired between the
appellant and the deceased on 5/4/2003.
With respect to the PW4, he said he was on duty on 5/4/03 when the appellant came to the Ikpoba Hill
Police Station and reported that he took a small girl into the bush and had sexual intercourse with her.
PW4 led a team of Policemen into the bush and found the girl who was rushed to the hospital but died
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