PW2 about video tape said demonstrably the Appellant never ever put-out sperm on her behalf contrary to her testimony inside Legal. The Appellant by the his protection didn’t corroborate the outcome from brand new prosecution alternatively the latest Appellant composed enough doubts in the event of your prosecution. The outcome of your prosecution try punctured of the protection. Floor Twenty-Five New Honourable Down Court erred in-law if this were unsuccessful to adopt the new protection of Appellant one to PWI their wife are motivated by financial gains, including using house for the Maryland, Lagos, the newest Appellant’s car and monies in their mutual account. Specifics step one. Brand new Appellant got provided facts that PWI is driven by the greed along with her personal need to and obtain and you may takeover all the their property.

The latest representative from Wema Bank Plc had tendered Display J dated 28th day of but received on Bank into 17th of demonstrated because of the PWI to remove the brand new Appellant as the a good signatory of its combined account and work out their particular the actual only real signatory. Display J are certainly written in the handwriting off PW1 and you may submitted by the their unique towards Financial. The fresh new Honourable Lower Courtroom must not has managed new Appellant’s protection on the peculiar attention from PW1 that have a trend off the fresh new hand such as for instance as PWI was to acquire a great deal more throughout the conviction and you can incarceration of the Appellant. The Honourable Straight down Court in accordance slaughtered justice.

Details 1. Medical examination allegedly taken place on the fifteen day’s about four months adopting the allegation was developed from the Appellant. From the clips tape played when you look at the open Courtroom, PW2 said emphatically that the Appellant never ever create spunk on the otherwise entered his manhood to the their particular. Regarding a few matter guidance recorded up against the Appellant, it was so-called your Appellant enough time the GГјrcГјce kadД±n Г§Д±kД±yor brand new offense ranging from . It actually was the looking of Honourable Demonstration Legal that the scientific examination of PW5 failed to indict the fresh new Appellant. There was nothing up until the Judge so you can hook up the Appellant so you’re able to the latest allegations hence led to the medical examination included in the scientific certification tendered because of the PW5.

The Certification out of PW5 showed that PW2 had been checked-out when considering sexual physical violence you to definitely occurred within 2

There is certainly nothing to show and you can indicate the reality that the only person effective at committing the new offence since charged is actually the latest Appellant. Sufficient question was made in the prosecution’s situation and therefore it had been hazardous of Trial Courtroom having found guilty brand new Appellant. Surface Twenty-Six The fresh new Honourable Lower Court erred in-law when in counting to the proof PW2 and you will PW3 and you will Exhibit P-P10, it kept you to: “There have been dangers and you may cohesion by the Accused to steadfastly keep up manage of your prosecutrix. The data away from PW3 while the declaration tendered because of the their are oriented entirely about what are stated so you’re able to their of the PW2. There can be proof on the record one PWI got tortured and you may mistreated PW2. PW2 had made in their particular facts your Appellant had seen their unique into the gateman previously and you will she was scared that Appellant often report their to help you PWI.

Ground Twenty-Five This new Honourable All the way down Court erred in law in the event it kept that prosecution got based beyond realistic question your Appellant got sexual intercourse that have PW2 and you will permeated their throat and ejaculated engrossed a couple of times anywhere between

Regarding situations it was incorrect into Honourable All the way down Legal to own recognized the evidence off PW2 and you can PW3 hook up, range and sinker. Surface Twenty-Eight New Honourable Down Legal erred in-law if it were not successful to adopt, take a look at otherwise ascribe people worth otherwise lbs on the Appellant’s defence one PWI their partner are passionate from the their unwell intentions from inside the bringing the problem up against him. Details 1. Particulars of foundation 17 & 24 was hereby frequent. Surface Twenty-Seven The newest Honourable Lower Legal erred in law whether it denied to follow brand new ) LPELR-78178 (CA) in which it absolutely was held then a query will become necessary where the chronilogical age of an implicated is during material for the base that the: “…issue inside the Simon emerged out-of a conviction out of a minor to own equipped burglary and his awesome sentence to help you death.