STANLEY SHENKO ALAGOA, JCA. (Delivering the Leading Judgment): This is an appeal against the judgment of Onafowokan J. of the High Court of Justice, Ogun State holden at Tiara in the Ilara Judicial Division in Charge No. HCL/13C/2007 NDEWENU POSU and ANOR v. THE STATE delivered on the 31st March, 2009. The two Appellants as accused persons in the court below were charged as follows:
"COUNT 1
STATEMENT OF OFFENCE:
Conspiracy to commit a felony: To wit Rape contrary to section 516 of the Criminal Code Law Cap 29 Vol. II Laws of Ogun State of Nigeria, 1978.
PARTICULARS OF OFFENCE:
That you NDEWENU POSU (M) and OKE SEGUN (M) on or about the 12th December, 2006 at Tame Road, Tube in Ilaro Judicial Division conspired to commit Rape.
COUNT II
STATEMENT OF OFFENCE:
RAPE contrary to section 357 and punishable under section 358 of the Criminal Code Law Cap 29 Laws of Ogun State of Nigeria 1978.
PARTICULARS OF OFFENCE:
That you NDEWENU POSU (M) and OKE SEGUN (M) on or about the 12th day of Decemb…