IPALIBO
V.
STATE

(2014) JELR 39855 (CA)

Court of Appeal · CA/PH/8CR/2013 · 31 Jan 2014 · Nigeria

CORAM

EJEMBI EKO Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria STEPHEN JONAH ADAH Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms ^Beta

prosecution

evidence

exhibit g

pw1

reasonable doubt

ingredients of the offence

pw2

learned trial judge

trial court

dr. p.c. amadi

piece of evidence

sexual intercourse

accused person

totality of the evidence

criminal offence

defence evidence

laws of rivers state of nigeria

offence of rape

particulars of the offence of rape

alleged offence

charge of rape

credibility of exhibit g

instant case

material time

presence of protein blood cells

vital ingredients of the charge

credible evidence

criminal code cap

criminal code of rivers state

cross-examination

cross-examination of its author

established practice

evidence of dw3

exhibit

first duty of the prosecution

high court of rivers

lacuna exhibit g

mr. irerhime of counsel

mr. yorkpara augustine

negotiable right of the accused person

n.o. amadi

obvious reason

proofs of evidence

record of appeal

statement of offence

uncertainty of the pw1

urine sample

vital witness

wife of the 2nd accused

EJEMBI EKO, JCA (Delivering the Leading Judgment): On 28th January, 2013 the High Court of Rivers state holden at Bori convicted the appellant and one Yorkpara Augustine for the offence of rape contrary to Section 358 of the Criminal Code Cap 37, Vol. 2, Laws of Rivers state of Nigeria, 1999. Mr. Yorkpara Augustine was separately charged and convicted for assault occasioning harm contrary to Section 355 of the said Criminal Code of Rivers State. The rape was allegedly committed on 11th March, 2008 at 20 Kogam Bori that has several apartments or flats. The charge does not state the material time the rape was allegedly committed.

The statement and the particulars of the offence of rape for which the appellant and Yorkpara Augustine were charged, convicted and sentenced read thus -

STATEMENT OF OFFENCE: COUNT 1

RAPE-contrary to Section 358 of the Criminal Code (Cap. 37 Vol. 2, Laws of Rivers State of Nigeria, 1999)

PARTICULARS OF OFFENCE

DAGOGO HARRY IPALIBO and YORKPARA AUGUSTINE on the…

IPALIBO V. STATE

IPALIBO
V.
STATE