PW2 in the video tape stated demonstrably your Appellant never create jizz on her behalf as opposed to her testimony inside the Judge. The fresh Appellant because of the their defence don’t corroborate the situation off new prosecution instead the Appellant written enough second thoughts in the event of your own prosecution. The way it is of one’s prosecution is actually punctured by the protection. Crushed Twenty-Four New Honourable Lower Legal erred in-law if this were not successful to take on the latest protection of one’s Appellant one to PWI his partner try driven by the economic increases, together with bringing the family home into the Maryland, Lagos, new Appellant’s automobile and funds within joint membership. Details step 1. The brand new Appellant had provided research you to PWI is determined by avarice and her private want to and acquire and you may takeover most of the his assets.
The latest associate regarding Wema Bank Plc got tendered Display J dated 28th day of but obtained on the Lender toward seventeenth of shown because of the PWI to get rid of the fresh new Appellant just like the a signatory of the mutual membership to make their own truly the only signatory. Display J try demonstrably printed in the brand new handwriting out-of PW1 and you may registered by their own towards the Bank. The fresh new Honourable Lower Legal ought not to has handled the new Appellant’s defence to your strange interest of PW1 which have a wave from the give like given that PWI would be to get alot more about belief and you may incarceration of your Appellant. The Honourable Straight down Court in accordance slaughtered fairness.
Particulars step 1. The health examination purportedly occurred to your fifteen day’s from the five months after the allegation was made contrary to the Appellant. Regarding clips recording starred in unlock Judge, PW2 said emphatically that Appellant never ever create sperm on the otherwise inserted his penis on the their own. From the two number guidance registered from the Appellant, it absolutely was alleged that the Appellant the amount of time the new offence between . It was the brand new seeking of Honourable Trial Courtroom the medical examination of PW5 didn’t indict the fresh Appellant. There is certainly little until the Courtroom so you’re able to connect the Appellant to the newest accusations and that resulted to the examination included in the scientific certificate tendered from the PW5.
Medical Certification regarding PW5 showed that PW2 had been checked in relation to sexual physical violence one to took place within 2
There clearly was nothing to let you know and suggest the reality that alone capable of committing brand new offense as billed is the Appellant. Enough doubt was created from the prosecution’s situation and thus it had been dangerous of one’s Demonstration Judge getting convicted the Appellant. Floor Twenty-Six The latest Honourable Down Courtroom erred in-law while in counting toward evidence of PW2 and you may PW3 and you will Showcase P-P10, they stored one: “There had been dangers and you can cohesion by the Accused to keep up manage of one’s prosecutrix. The evidence out of PW3 plus the report tendered of the their unique is actually created only on which is actually stated to their own because of the PW2. Discover research to your listing one PWI got tortured and you may abused PW2. PW2 had stated in their particular facts your Appellant had seen their particular to the gateman before and you can she try scared your Appellant will report their in order to PWI.
Floor Twenty-Four New Honourable Down Courtroom erred in law whether or not it stored that the prosecution got dependent past reasonable question the Appellant got sexual intercourse which have PW2 and you will permeated their own mouth and you may ejaculated engrossed a couple of times between
On the facts it actually was incorrect to the Honourable Lower Courtroom to own acknowledged the evidence from PW2 and you may PW3 link, line and sinker. Floor Twenty-Seven Brand new Honourable All the way down Court erred in-law if this failed to adopt, take a look at or ascribe any value otherwise weight to your Appellant’s protection one PWI their spouse was passionate by the their unique sick objectives when you look at the bringing the criticism up against him. Specifics step 1. Particulars of grounds 17 & 24 was hereby constant. Ground Twenty-Eight Brand new Honourable Straight down Courtroom erred in-law if it refused to check out the brand new ) LPELR-78178 (CA) in which it had Siem reap wife agency been kept then a query will become necessary where in fact the ages of an accused is in procedure to your basis one to the: “…situation in Simon arose from a conviction off a small to have equipped robbery with his phrase to help you demise.
