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ODIGIE
V.
STATE

(2026) JELR 114732 (CA)

Court of Appeal 16 Jan 2026 Nigeria
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Case Details

Suit Number:CA/B/164C/2024
Judges:Bitrus Gyarazama Sanga, JCA Lateef Adebayo Ganiyu, JCA Asmau Ojuolape Akanbi, JCA
Counsel:EMMANUEL I. USOH, Esq. with him, EMMANUEL KADIRI Esq. and MARK OKONOFUA, Esq. For Appellant K.O. ODABI Esq. (DPP, Edo M.O. J) For Respondent
Location:Benin

LATEEF ADEBAYO GANIYU, J.C.A. (Delivering the Lead Judgment): This appeal is birthed by the Judgment of the Edo State High Court of Justice delivered on 24/05/2024, Coram: Mary E. Itsueli J. (hereinafter called “the trial Court”), which is contained at pages 86 to 109 of the Record wherein the trial Court sentenced the Appellant to life imprisonment. Miffed by the said decision of the trial Court, the Appellant appealed to this Court vide his Notice of Appeal filed on 9/7/2024 which is captured at pages 112 to 116 of the Record, setting out five grounds of appeal which, without their particulars, run thus: 

GROUND 1 

The judgment is erroneous, perverse, unreasonable and contrary to the evidence adduced to sustain the charge of rape. 

GROUND 2 

The trial Court erred in law when it held that the Court complied with the provision of Section 209 (1) of the Evidence Act, 2011 (as amended) in the following words; “PW2 is a child of 12 years. Court has enquired and is satisfied that she possesse…

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