"Be that is it may, the evidence of PW3 the prosecutrix still needs corroboration
and I agree with the submission of learned defence counsel that the evidence of
PW2, another witness of tender age cannot provide the necessary corroboration."
Now, turning to the medical evidence of Dr. Mrs Sexena and her report Exhibit 1,
the learned trial Judge on page 39 lines 24 to 27 further held thus:
"I am satisfied that the evidence of PW5 and her contemporaneous recording of
her observations in Exhibit 1 is sufficient corroboration of rape as described by
the prosecutrix in her evidence before me."
The law is firmly established that the evidence which is offered as corroboration
must tend to show:
(a) that the offence was committed and
(b) that the accused is implicated in it.
These two conditions must co-exist before a piece of evidence can qualify as
corroborative evidence: See Thomas Idemo v. Inspector General of Police (1957)
SCNLR 326; (1957) 2 FSC 26 As was stated in the case of Mbele v. State (1990) 4
NWLR (Pt. 145) 84 at 500, corroborative evidence must be evidence which
confirms in some material particular not only that the crime has been committed
but also that it was the appellant who committed it: See R. v. Baskerville (1916) 2
KBD. 658 at 667; Ogugu v. State (1994) 9 NWLR (Pt.366) 1 at p. 35, Omisade and
Ors v. The Queen (1964) NSCC 170, (1964) 1 All NLR 233; (1964) 1 NMLR 67. In the
case under consideration, the medical evidence of PW 5 and Exhibit 1 show
clearly that Miss Patience Udo Essien had been raped but the evidence failed to
link the appellant with the offence. I am therefore of the view that the lower
court was abysmally in error in treating the evidence of PW 5 and Exhibit I as
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