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…