6. CRIMINAL LAW AND PROCEDURE - OFFENCE OF RAPE: Most important
ingredient of the offence of rape; whether rape is complete upon proof of
penetration
"The essential and most important ingredient of the offence of rape is
penetration and unless penetration is proved, the prosecution cannot be said to
have proved its case beyond reasonable doubt. See Edet Okon vs. The State
(2001) 7 SCNJ 391. Penetration however slight sufficient and it is not necessary to
prove any injury or the rupture of the hymen to constitute the crime of rape. See
also Okoyomon VS. The State (1972) 1 NWLR 292, JOS N. A Police VS. Allah NA
GANI(1968) NMCR 8; Igbine VS. The State (1997) 9 NWLR (Pt. 519) 101." Per
BAGE, J.S.C. (P. 37, Paras. A-D) (...read in context)
7. CRIMINAL LAW AND PROCEDURE - OFFENCE OF RAPE: What the prosecution
must prove to succeed in a charge of rape or unlawul carnal knowledge
"There are indeed many concessions that cannot be denied learned appellant's
counsel. I entirely agree with him, and learned respondent's counsel does not
begrudge the point, that to establish the offence of rape for which the appellant
is convicted, the four ingredients to be proved are:- (i) That the appellant
intentionally had sexual intercourse with PW1, the prosecutrix. (ii) That the sexual
intercourse was without the consent of PW1. (iii) That PW1, at the time of the
sexual intercourse, was not appellant's wife and (iv) That there was penetration.
See Affor Lucky v. The State (2016) LPELR-40541 (SC), POSU & Anor v. The State
(supra) and Kazeem Popoola v. The State (2013) LPELR-20973 (SC). The aggregate