Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



AKPAN
V.
STATE

(2014) JELR 39894 (CA)    

Court of Appeal  ·  CA/C/159C/2009 ·  10 Mar 2014 ·  Nigeria
CORAM
UZO I. NDUKWE-ANYANWU JCA CHIMA CENTUS NWEZE JCA ONYEKACHI A. OTISI JCA

Ratio Decidendi

Core Terms Beta
appellant
accused person
court
lower court
pw2
counsel
reasonable doubt
ikot okoro
defence of alibi
evidence act
offence of rape
dw1
evidence of pw1
material time
trial court
testimonies of pw1
circumstances of the case
criminal code
laws of akwa ibom state
uncorroborated evidence of the prosecutrix
appellant's counsel
church programme
cross-examination
independent evidence
material points
said state
senior state counsel
above letter
accused appellant
behalf of the state
circumstances of the said amendment
commission of the offence of rape
earlier testimony
evidence of the alibi
formidable logic of his lordship
guilt of a person
guilty plea
high court of akwa ibom state
implication of the accused person
issues of the respondent
leave of court
medical practitioner
question of corroboration
said judgment
state of the evidence
utmost respect


CHIMA CENTUS NWEZE, J.C.A. (Delivering the Leading Judgment): The appellant in this appeal, Lucky Jacob Akpan, was arraigned before the High court of Akwa Ibom state, holden at Uyo, on March 10, 2009 [exactly, five years ago]. In the one count charge before the court [hereafter referred to as the lower court], the Honourable Attorney General of Akwa Ibom State, on behalf of the State, informed the lower court that the appellant, on March 19, 2008, at Ikot Okoro in Oruk Anam Local Government Area in the Ukanafun Judicial Division, raped one Nseobong Emmanuel Udo (f). In the said State, the offence of rape is punishable under Section 367 of the Criminal Code, Cap 38, Volume 2, Laws of Akwa Ibom State, 2000, page 184 of the record.

At page 184 of the record, the lower court indicated that the appellant pleaded "not county" (sic) to the charge. Following his not-guilty plea, the matter went on trial. The Prosecution marshalled four witnesses and tendered twelve documents, exhibits 1 - 12.…

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