She said the brand new Accused confirmed he had been a great sex fan

It also corroborates the latest prosecutrix’s (PW2) testimony that Defendant got sexual intercourse along with her and you will forced their own in order to draw his cock

See: James vs Condition of Lagos (2021) LPELR-52456 (CA); Eze against Condition (2019) LPELR-47984 (CA); Aje vs Condition (2019) LPELR-46828 (CA). For example corroboration must be reliable, outside and you can in addition to the testimony of one’s child. The evidence of all witnesses of one’s prosecution one purportedly substantiated the new testimony out of PW2 was basically all produced by PW2 by herself. Additionally, such as for example corroboration shouldn’t only mean that the brand new offense is enough time it ought to show that the Accused indeed committed new offense. The brand new prosecution’s instance is actually bereft of every cogent and even legitimate separate corroborative proof. Soil 30-Five This new Honourable Straight down Legal erred in law while in counting to the evidence of PWI, they held one to: “…

In law, an oral confession is as strong since a created confession. It’s a bit of head and you will convictable proof… The fresh Appellant was not charged to be a good sex addict. Because of the provision of the Facts Act a great confession try an admission from a guy individually. It is a statement from men faced with an excellent criminal offence. See: Uluebeka compared to State (2000) LPELR-3354 (SC). The latest testimony otherwise proof PW1 contrary to the Appellant cannot create a great confession from the Appellant. Ground 30-Four The fresh new Honourable Down Judge erred in law from inside the turning to the means to access circumstantial facts regarding the devotion of one’s age of PW2 and you can thereby incorrectly figured PW2 try a child just like the in the time of your so-called offense.

Details 1. Recourse in order to circumstantial facts is only permissible in which head research is to own a great lead to, not available. From the supply away from Areas eight and you can 15 of your Births,

Fatalities, an such like. It is inconceivable the delivery off PW2 was not entered. It actually was incumbent to the prosecution to adduce need of their incapacity to create the fresh Birth Certificate regarding PW2 to validate dependence by Honourable All the way down Court on the circumstantial evidence and and this weight was not discharged. About appropriate reliance of your Honourable Down Court towards circumstantial research in substitution for head proof (ie. Creation of PW2’s Beginning Certification) you should never sustain brand new finding that PW2 try 16 years old due to the fact within big date of your own so-called fee of your own offense. RELIEFS Sought for On the Court Out of Notice we.

Legislation is trite you to definitely inside the cases of defilement otherwise sexual physical violence out-of a child, the evidence of these child have to be substantiated

An order regarding the Honourable Judge allowing this notice. An order of the Honourable Court putting aside the decision out of the fresh Honourable Down Legal included in the judgment lead towards 24th day’s iii. Your order putting aside new belief of and you may quashing this new phrase resistant to the Appellant by Honourable All the way down Judge on 24 day of . Your order for the Honourable Courtroom discharging and you may acquitting the newest Appellant of your offences spelt from see your face of your recommendations registered responsible No: ID/20289C/2022. Persons Personally Impacted by The new Interest Term DR. OLUFEMI OLALEYE …Appellant Address >…C/o Their Attorneys > Pinheiro LP. Regarding Coker Highway, Ilupeju, Lagos.

The condition of LAGOS …Respondent Address >…C/o The newest Lawyer General and you will > Commissioner getting Justice out of Lagos Condition > Ministry regarding Fairness, most beautiful Zibo women Alausa, Lagos Condition. Old the fresh new 24thday off

Finalized From the: Dr. ‘Kemi Pinheiro, OFR, SAN, FCIArb., Olaniyi Olopade, SAN, FCIArb., Babatunde Ogala, OFR, SAN., Olusegun Fabunmi, SAN.. Chukwudi Adiukwu, Esq.. Adebowale Kamoru, MCIArb., Adebisi Oridate, Esq.. Chukwudi Enebeli, MCIArb.,

PINHEIRO LP, Appellant’s Solicitors 5/7 Folayemi Highway, From Coker Path, Ilupeju, Lagos. Tel: 08022259872, 08143233555 Elizabeth-mail: ; ; URL://http.pinheirolp chukwudienebelia