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OGUNBAYO
V.
STATE

(2007) JELR 54786 (SC)

Supreme Court 9 Mar 2007 Nigeria
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- This is an appeal against the conviction and sentence of the appellant for rape. - The appellant argued that there was no corroboration of the evidence of the victim and that there were contradictions in the prosecution's case. - The cour

Case Details

Suit Number:SC. 272/2005
Judges:IDRIS LEGBO KUTIGI CJN (Presided) ALOYSIUS IYORGYER KATSINA-ALU JSC NIKI TOBI JSC GEORGE ADESOLA OGUNTADE JSC IKECHI FRANCIS OGBUAGU JSC (Read the Lead Judgment)
Counsel:Oladipo Okpeseyi Esq. - for the Appellant. -*- A. A. Babawale (Mrs.), (DPP, Ministry of Justice, Ogun State) - for the Respondent.
Other Citations:(2007) 8 NWLR (Pt. 1035) 157, Ogunbayo v. State (2007) 8 NWLR (Pt.1035) 157 (2007)3 S.C. (Pt II )1 (2007)3 S.C. (Pt II )1

OGBUAGU JSC (Delivering the Lead Judgment): This is an appeal A from the decision of the Court of Appeal, Ibadan Division, (hereinafter called “the court below”),delivered on2nd May,2002 affirmingthe conviction and sentence of the appellant to seven (7) years imprisonment with hard labour with an option of fine of N5,000.00 (five thousand naira) by the trial court on 3rd December, 1991 in respect of the rape charge against the appellant.

Dissatisfied with the said decision, the appellant has appealed to this court on four grounds of appeal which without their particulars, read as follows:

“(a) Ground one The learned trial Judge and the lower court erred in law when they heldthat there is corroboration of evidence of PW1 by that of PW5 (the medical doctor) consequent upon which it convicted and sentenced the appellant for committing the offence of rape and thereby occasioned miscarriage of justice. (The italics mine). Ground two

The honourable court was in error when it affirmed…

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