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CHARLES
V.
STATE

(2018) JELR 39594 (CA)

Court of Appeal 13 Feb 2018 Nigeria
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- This is an appeal against a judgment of the High Court of Ogun State, Abeokuta Division. - The appellant was charged with having sexual intercourse with a child, contrary to Section 32(2) of the Child Rights Law of Ogun State. - The appel

Case Details

Suit Number:CA/IB/330C/2016
Judges:MONICA BOLNA'AN DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria NONYEREM OKORONKWO Justice of The Court of Appeal of Nigeria
Counsel:Adeboye Adesanwo (held brief for L.A.O. Nylander) For Appellant B.A. Adebayo (Admin. Gen. & Public Trustee Ogun State Ministry of Justice) with F.E. Bolarinwa Adebowale (A.C.S.C) Ministry of Justice For Respondent

MONICA BOLNAAN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Ogun State, Abeokuta Division delivered on the 28th June, 2016 by Hon. Justice O. O. Olopade.

On the 19th day of November 2015, the Appellant was arraigned on a sole charge of having sexual intercourse with a child. The offence is contrary to and punishable under Section 32(2) of the Child Rights Law, Laws of Ogun State 2016. The Appellant pleaded not guilty to the offence.

The Prosecution called three witnesses while the Defence also called three witnesses. The learned trial Court preferred the case of the prosecution and found the Appellant as an accused person, guilty and sentenced him to a term of ten years imprisonment.

The Appellant raised three issues while the Respondent formulated a sole issue. The issues respectively of the Appellant and the Respondent are as follows:

1. Whether the prosecution proved the offence for which the Appellant was charged…

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