PW2 on the video clips recording said obviously the Appellant never ever released sperm on the as opposed to her testimony inside the Court. The fresh Appellant by the his defence didn’t validate your situation regarding the fresh new prosecution instead the fresh new Appellant written enough second thoughts in the case of one’s prosecution. The truth of your prosecution is punctured by defence. Surface Twenty-Five The brand new Honourable Lower Legal erred in law when it hit a brick wall to look at the latest protection of your Appellant you to PWI their partner are passionate of the monetary gains, in addition to bringing the home in Maryland, Lagos, the Appellant’s auto and you will monies in their shared membership. Details step one. The new Appellant got added research one to PWI is actually driven because of the greed along with her private desire to and get and takeover the their property.
The fresh new associate away from Wema Bank Plc got tendered Exhibit J old 28th day’s but acquired about Bank to your 17th from shown by PWI to eliminate the fresh Appellant once the a beneficial signatory of its combined membership and then make their the only signatory. Exhibit J is demonstrably written in the handwriting regarding PW1 and filed by the their particular to your Bank. The Honourable Straight down Courtroom must not enjoys managed the newest Appellant’s protection toward odd desire away from PW1 having a wave of the latest hand instance because the PWI would be to gain alot more about conviction and incarceration of one’s Appellant. Brand new Honourable Down Judge in accordance slaughtered justice.
Particulars step 1. The medical examination supposedly took place on the fifteen day of in the five weeks following allegation was developed contrary to the Appellant. Regarding films tape played from inside the open Courtroom, PW2 stated emphatically your Appellant never put-out spunk on her or registered his dick into their particular. Regarding a couple count information submitted against the Appellant, it actually was alleged that Appellant the amount of time the newest offense between . It absolutely was the newest shopping for of one’s Honourable Trial Courtroom the medical study of PW5 failed to indict brand new Appellant. You will find absolutely nothing before the Court in order to hook up the brand new Appellant so you’re able to the latest allegations which resulted to the test included in the scientific certification tendered by PW5.
Medical Certificate of PW5 indicated that PW2 was being examined about sexual physical violence one to happened at the dos
Discover absolutely nothing to let you know and you can point to the reality that alone with the capacity of committing the new offence because recharged is the fresh new Appellant. Adequate question was made on the prosecution’s circumstances and as such it had been dangerous of Trial Courtroom to have convicted the newest Appellant. Ground Twenty-Half a dozen The brand new Honourable Down Legal erred in law when in relying to the evidence of PW2 and you can PW3 and you can Exhibit P-P10, they stored one to: “There are threats and you will cohesion of the Offender to maintain manage of the prosecutrix. The evidence out-of PW3 together with declaration tendered of the her are based only on what was advertised so you’re able to their own from the PW2. There clearly was research for the record that PWI got punished and you will abused PW2. PW2 got manufactured in their evidence that Appellant had viewed their for the gateman in past times and she was scared that the Appellant often declaration her so you can PWI.
Soil Twenty-Five The brand new Honourable All the way down Judge erred in law if this stored your prosecution got dependent beyond reasonable doubt the Appellant had sexual intercourse having PW2 and you may permeated their own lips and you will ejaculated engrossed a couple of times between
From the products it absolutely was completely wrong on Honourable All the way down Courtroom to have acknowledged the evidence out of PW2 and you will PW3 hook up, range and sinker. Surface Twenty-Seven The newest Honourable Straight down Legal erred in-law if it unsuccessful to consider, examine or ascribe people worthy of or weight for the Appellant’s defence you to definitely PWI his partner try passionate by their unwell objectives in the using ailment facing him. Specifics 1. Particulars of factor 17 & 24 is actually hereby frequent. Soil Twenty-Eight This new Honourable Down Court erred in law if it declined to follow this new ) LPELR-78178 (CA) in which it had been kept up coming an inquiry is necessary sД±cak Brezilya kadД±nlar where period of an implicated is within topic with the foundation that the: “…issue in the Simon arose of a belief out of a minor to possess armed burglary and his sentence in order to death.