The Defence counsel filed 18-page final written address dated
18/9/15 wherein counsel formulated the following issues for
determination:
1. Whether there is any credible evidence of corroboration
linking the accused person to the alleged offence.
2. Whether
from
the
circumstances
of
this
case,
the
prosecution has proved his case beyond reasonable doubts.
On Issue 1, it is the submission that where rape is denied by the
accused, there should be credible evidence of corroboration
supporting the commission of the offence.
See PESU v STATE
(2011) 3 NWLR 9Pt 1234) 399 at 417 Paras F – H.
Looking at the evidence of the prosecution in the case at hand,
there
is
no
credible,
cogent
and
unequivocal
evidence
corroborating the testimonies of PW3 the alleged victim, or to
show without more that the accused committed the offence as
charged.
It is submitted that the evidence of PW1 does not in any way
corroborate the testimony of PW3 (Emmanuella Bam Eko) that her
father had sexual intercourse with her on the 9/5/14.
It is the contention that PW2 is not a witness of truth and his
evidence cannot be relied upon.
PW2 at the earliest opportunity made a statement to the police
dated 12/5/14 wherein he stated that when he came back from
work on 9/5/14 his wife informed him that the accused person was
caught having sexual intercourse with his daughter.
The
statement under reference was part of the summary of evidence
filed by the prosecution on the 21/8/14 and even though the
15
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