She said this new Defendant affirmed he had been good sex addict

In addition, it corroborates this new prosecutrix’s (PW2) testimony your Offender had sexual intercourse with her and you can pressed her so you can bring their penis

See: James versus State from Lagos (2021) LPELR-52456 (CA); Eze against Condition (2019) LPELR-47984 (CA); Aje versus Condition (2019) LPELR-46828 (CA). Such as for example corroboration need to be reputable, outside and in addition to the testimony of one’s youngster. The evidence of all of the witnesses of prosecution one purportedly corroborated the newest testimony away from PW2 had been most of the derived from PW2 by herself. In addition, such corroboration must not simply mean that the offense are the amount of time it ought to reveal that the newest Defendant in fact committed the brand new offence. The fresh new prosecution’s case is actually bereft of every cogent and even credible independent corroborative evidence. Floor 30-Five Brand new Honourable All the way down Court erred in law when in relying with the proof PWI, it stored you to definitely: “…

In law, a dental confession is just as effective given that a composed confession. It is some head and you can convictable evidence… The new Appellant was not energized if you are a good sex nut. Of the supply of the Proof Work a beneficial confession are an entryway produced by catholic single women near by me one in person. It is an announcement made by men charged with a beneficial unlawful offence. See: Uluebeka versus Condition (2000) LPELR-3354 (SC). New testimony or evidence of PW1 resistant to the Appellant couldn’t compensate an effective confession contrary to the Appellant. Crushed 30-Five The latest Honourable All the way down Judge erred in law when you look at the relying on the means to access circumstantial research throughout the commitment of your age PW2 and you can thereby incorrectly determined that PW2 is actually an infant once the from the big date of alleged offense.

Specifics 1. Recourse in order to circumstantial facts is just permissible where direct evidence try having a good lead to, not available. By provision from Parts seven and you will fifteen of the Births, Fatalities, etcetera. It’s inconceivable that the delivery of PW2 wasn’t joined. It was incumbent towards prosecution to help you adduce explanation of the incapacity to create the new Birth Certificate regarding PW2 to help you justify dependence because of the Honourable All the way down Court towards circumstantial proof and you can and therefore burden was not released. Regarding accurate dependency of one’s Honourable Lower Judge on circumstantial facts in substitution for direct proof (internet explorer. Production of PW2’s Delivery Certification) cannot suffer the newest discovering that PW2 is sixteen years of age since at date of one’s so-called fee of offense. RELIEFS Sought for On Legal Out-of Appeal we.

What the law states was trite one to inside instances of defilement or sexual assault away from an infant, the data of such youngster should be corroborated

An order of Honourable Judge allowing that it interest. Your order with the Honourable Court setting aside the decision away from the latest Honourable All the way down Legal part of the view delivered on the 24th day of iii. An order setting aside new conviction regarding and you will quashing this new sentence resistant to the Appellant because of the Honourable Down Legal into 24 day of . Your order associated with the Honourable Court discharging and you may acquitting brand new Appellant of your own offences spelt from the face of your own suggestions registered responsible Zero: ID/20289C/2022. Persons Privately Affected by The latest Notice Title DR. OLUFEMI OLALEYE …Appellant Target >…C/o His Solicitors > Pinheiro LP. Regarding Coker Road, Ilupeju, Lagos.

The condition of LAGOS …Respondent Target >…C/o The fresh Attorneys Standard and > Commissioner having Fairness from Lagos County > Ministry off Fairness, Alausa, Lagos County. Old the latest 24thday of

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 Lawyers 5/eight Folayemi Roadway, Off Coker Highway, Ilupeju, Lagos. Tel: 08022259872, 08143233555 Elizabeth-mail: ; ; URL://http.pinheirolp chukwudienebelia