51 or in Section 218, 221, 223 or 224 of the Criminal Code upon the
uncorroborated testimony of one witness"." Per MUNTAKA-COOMASSIE, J.C.A
(Pp. 15-16, paras. C-C) (...read in context)
10. EVIDENCE - UNSWORN EVIDENCE OF A CHILD: Whether or not an unsworn
evidence of a child can corroborate another unsworn testimony of another child
"Unsworn evidence of a child cannot corroborate another unsworn testimony of
another child, The fact that the appellant unsuccessfully put up a defence of alibi
cannot in law serve as a corroborative evidence even though it may strengthen
the prosecution evidence. The medical evidence though heavily attacked by the
defence shows somehow that there was an act of rape but nothing in the
evidence linked or tried to link the appellant with the commission of that offence
called rape. That is where, with due respect, the learned trial Judge went wrong in
convicting the appellant on the ground that the required corroborative evidence
was available. 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." Per MUNTAKA-COOMASSIE, J.C.A (Pp. 1920, paras. D-A) (...read in context)
MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): In the Yola High
Court Adamawa State of Nigeria, the accused person, who is now the appellant
was arraigned before Thomas, J. charged with raping one Patience Essien a seven
year old girl. At the end of the prosecution's case, herein called the respondent,