Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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…

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