A. G. KARIBI-WHYTE, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Division in Benin City dated 20/1/88 dismissing the appeal of the appellant against his conviction and sentence at the High Court Benin City, by Okungbowa, J. Although the facts of the case as presented by prosecution is revolting, and the conduct attributed to the appellant in the offence alleged so callous, bizarre and unreasonable; nevertheless, I believe in the constitutional provision that the accused remains innocent until the prosecution has discharged the burden of establishing a prima facie case for him to be called upon to answer the allegations made against him. This is a fundamental requirement of our criminal justice administration.
I do not intend in this judgment to state the facts in any great detail. Since my judgment is based entirely on
(a) the failure of the prosecution to make a prima facie case against the appellant, and the obligation of the …