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OLALEYE
V.
THE STATE

(1980) JELR 34568 (SC)

Supreme Court 25 Sep 1980 Nigeria
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- The appellant was convicted of rape and sentenced to three years imprisonment. - The only point of consideration on appeal is whether there was corroboration of the complainant's evidence. - The complainant, a girl under the age of 14, te

Case Details

Suit Number:SC.330/69
Judges:ADEMOLA ADETOKUNBO Justice of The Supreme Court of Nigeria GEORGE B. A. COKER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
Counsel:Kalgo (S.S.C. North Western State) For Appellant Appellant absent and not represented. For Respondent

COKER, J.S.C. (Delivering the leading judgment): The appellant was convicted by Hassan, J. (High Court, Sokoto, North-Western State) of rape contrary to section 283 of the Penal Code. The case against him was that he had unlawful sexual intercourse with one Ibidun Jobi, a girl under the age of 14 years on Sunday the 1st September, 1968. The appellant was sentenced to three years I.H.L. and he has appealed to this Court against his conviction.

The only point that deserves any consideration on the appeal is whether there was corroboration as regarded by law of the evidence of the complainant. The facts are despicable and it has not been argued or even suggested before us that there are any circumstances of mitigation. The complainant, Ibidun Jobi, found by the learned trial Judge to be "between 12 to 13 years" gave evidence at the trial of the appellant and described vividly how the appellant on the day in question had invited her into a room or studio in the compound where both lived, …

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