AKAAHS, JCA (Delivering the Leading Judgment): The accused was arraigned before the High Court Benin for the offence of rape in charge No. B/8C/91. He was found guilty and sentenced to 5 years imprisonment. The charge reads as follows:-
"Statement of Offence:
Rape, contrary to section 358 of the Criminal Code, Cap. 48, Vol. 11, Laws of former Bendel State of Nigeria 1976 as applicable in Edo State of Nigeria.
Particulars of Offence
Sunday Jegede on or about the 24th day of May, 1989 in Benin City had carnal knowledge of Oghogho Ogunbor (f) without her consent"
To prove its case the prosecution called six witnesses namely, Dr. Suleman Abu (1st PW) Oghogho Ogunbor, the prosecutrix (2nd PW); Mr. Fidelis Erameh, headmaster of the University of Benin Staff School (3rd PW); Vera Ezomo (4th PW); Florence Oni (5th PW) and Sgt. Samuel Freeborri (6th PW) who was the Investigating Police Officer.
The accused gave evidence in person and called three other witnesses for the defence amongst whom wa…