ONOYIWA
V.
STATE

(2018) JELR 39165 (CA)

Court of Appeal · CA/B/444C/2014 · 2 Feb 2018 · Nigeria

CORAM

JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms ^Beta

offence of rape

accused person

criminal code

sexual intercourse

evidence of pw1

reasonable doubt

trial court

learned trial judge

old child

delta state

supreme court

criminal code cap

credible evidence

evidence of pw2

conviction of the lower court

cross-examination

grounds of appeal

laws of the defunct bendel state of nigeria

sufficient evidence

years imprisonment

above definition of defilement

above ingredient of rape

absence of consent

accused person ought

arguments of both learned counsel

carnal knowledge of a girl

circumstances of the case

contradictory holds

employee of the accused

evidence of the child

facts of the case

following issues

judgment of the delta state high court

leading judgment

learned counsel

learned trial magistrate

leave of this court

lpelr sc

magistrate court effurun

medical director

mere preliminary medical report

notice of appeal

office of the director of public prosecution

said act

said offence

sexual act

single count charge of defilement

single count information of rape

single count of rape

trial judge

PHILOMENA MBUA EKPE, JCA (Delivering the Leading Judgment): This appeal is against the Judgment of the Delta State High Court sitting at Effurun, delivered on the 17th Day of June, 2014 wherein the trial Court convicted and sentenced the Appellant to 14 years imprisonment with hard labour having been found guilty on a single count information of rape under S. 358 of the Criminal Code Cap 48, Vol. II Laws of the Defunct Bendel State of Nigeria 1976 as applicable in Delta State.

Facts of the Case:

The Appellant was arrested on the 24th day of September, 2008 on an allegation of having carnal knowledge of a girl of 9 years who was then a student of Delta Career College, Warri, and an employee of the Accused/Appellant. He was first charged at the Magistrate Court Effurun on a single count charge of defilement under S. 218 of the Criminal Code 48, Vol. II Laws of the Defunct Bendel State of Nigeria 1976 as applicable to Delta State. The learned trial magistrate declined jurisdiction and rema…

ONOYIWA V. STATE

ONOYIWA
V.
STATE