Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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…

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