follows: “Corroboration consists of independent evidence from which a
reasonable inference can be drawn which confirms and supports in some
material particular the evidence to be corroborated and connects the relevant
person with the offence, claim or defence” Learned Counsel for the
prosecution submitted that the statement of the Accused in exhibit ‘B’ to the
effect that “since she came to my house, I spent the night together with her
in the same house, while she sleeps in the sitting room and I with my wife in
the bedroom;” amounted to corroboration. This, to my mind, is misleading.
There is no doubt that prosecutrix lived with the Accused and his family in
the house of the Accused. In the case of UWAZURIKIE V. ATTORNEY
GENERAL OF THE FEDERATION (2013) ALL FWLR (Pt. 691)1520 –
1526 held 5, the Supreme Court of Nigeria held, inter alia that,
“.................In a charge of rape, the corroborative evidence required
must confirm in some material particulars as follows:
(i)
(ii)
That sexual intercourse has taken place and
That it took place without the consent of the woman or
girl; and also
(iii) That the Accused person was the man who committed the
crime.”
I have perused the evidence of the prosecution in this case. There is no
such corroborative evidence on record. Section 180 (2) (a) of the Evidence
Act (supra) stipulates that a Court shall not act on uncorroborated evidence,
except in a criminal case, upon an Accused person’s own plea of guilty in
cases of rape and other sexual offences against complainants.
In relation to Count 2 concerning the offence of incest, under Section 148 (1)
of the Criminal Code, 2009 the prosecution must prove beyond reasonable
doubt that the Accused is the grandfather of the prosecutrix. According to
the Oxford Advanced Learner’s Dictionary, grand-daughter means a daughter
of your son or daughter while grand-father means the father of your father
or mother. The Accused person denied being the grand father of PW2
(prosecutrix). In her examination –in-chief PW2 said the Accused was her
grandfather but under cross examination she said one Alfusainey Keita is her
JUDGMENT – THE STATE VS MUSA KEITA 27/7/2016
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