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…