Our Nigerian Case law is replete with authorities that even the slightest
penetration will be sufficient to constitute the act of sexual intercourse. Thus,
even where penetration was proved but not of such a depth as to injure the
hymen, it has been held to be sufficient to constitute the crime of rape. See: The
State v. Ojo (1980) 2 NCR 391 at 395; Jegede V The State (2001) 7 SCNJ 135 at
141. Thus, discharge of "whitish", "greenish", "reddish" or whatever colour of
fluid in a rape offence, is not considered credible evidence for establishing the
offence of rape.
On the issue of corroboration of the offence, it should be noted that no law in
Nigeria, as of now that says that corroboration is necessary. It is however,
desirable to get the evidence of the prosecution strengthened by other
implicating evidence against the accused See: Reekie V. The Queen (1954) 14
COACA 501 at 502; State V. Ojo (1980) 2 NCR 391; Ogunbayo V. State (2007) 8
NWLR (Pt.1035) 157.
Corroboration in a rape case, is that evidence which tends to show that the story
of the victim, the prosecutrix, it is the accused that committed the crime. Such
evidence need not to be direct. It suffices if it corroborates the said evidence in
some material particular to the charge in question. Ezegbo V State NCC 7 page
426. Secondly, where the child is a minor of some discernable age, her sworn
evidence need no further corroboration. This Court, in the case of Okoyomon V.
The State (1973) NSCC, held per Elias, CJN. as follows: "We may observe that in
the very recent case of DPP V. Hester (1992) 3 WLR 869, in which there is an
authoritative review of nearly all leading authorities on the subject in English Law,
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