ONALAJA, JCA (Delivering the Lead Judgment): The Ogun State now referred to in this judgment as respondent obtained leave of the then Chief Judge of Ogun State under section 340 (2k b) of the Criminal Procedure Law, Cap 30, volume II Laws of Ogun State of Nigeria 1978 to file Criminal Proceedings against Ogunbayo Oludotun without preliminary inquiry for an offence under section 357 of the Criminal Code, Cap 29, Volume II of Ogun State of Nigeria, 1978 which consent was granted by the Chief Judge on 10th August, 1990. As a result of the grant of the consent, information was filed against Ogunbayo Oludotun and charged as under before High Court of Ogun State holden at Abeokuta with the offence.
“Statement of Offence
Rape contrary to section 357 of the Criminal Code, Cap. 29, vol. II Laws of Ogun State of Nigeria, 1978 and punishable under section 358 of the same law.
Particulars of Offence
Ogunbayo Oludotun “M” on or about the 23rd day of December, 1987 at Oke Ijeun, Abeokuta in the …