PW2 about clips recording said certainly your Appellant never ever create sperm on her behalf contrary to their unique testimony inside Courtroom. The new Appellant by the his defence don’t corroborate the fact off the brand new prosecution alternatively the latest Appellant created adequate doubts in case of prosecution. Your situation of one’s prosecution was punctured by defence. Ground Twenty-Five Brand new Honourable Lower Court erred in law whether or not it failed to adopt the fresh defence of your own Appellant you to definitely PWI his wife is actually inspired by economic development, in addition to bringing the home for the Maryland, Lagos, the newest Appellant’s vehicle and funds within their mutual membership. Specifics step one. The new Appellant had contributed evidence that PWI are passionate by greed and her private want to and acquire and you can takeover all his property.
The fresh new affiliate of Wema Lender Plc had tendered Showcase J old 28th day of however, acquired regarding Financial into 17th out-of shown by the PWI to get rid of the newest Appellant due to the fact a great signatory of their mutual account and work out their unique truly the only signatory. Display J is actually certainly printed in the fresh handwriting off PW1 and submitted by her for the Bank. New Honourable Lower Legal cannot has handled this new Appellant’s protection into peculiar interest of PW1 with a wave of the fresh hand such as for instance just like the PWI would be to obtain even more in the conviction and you may incarceration of your Appellant. The brand new Honourable Lower Judge with respect slaughtered justice.
Details 1. The test supposedly occurred toward fifteen day of on the five weeks following allegation was created against the Appellant. Throughout the videos tape starred inside the discover Judge, PW2 stated emphatically your Appellant never released jizz on her otherwise joined his penis toward her. Regarding the a couple of number recommendations submitted resistant to the Appellant, it had been alleged your Appellant committed the new offence ranging from . It was the fresh new searching for of your Dominicans women for marriage Honourable Demo Court that scientific study of PW5 failed to indict the fresh Appellant. There is little till the Judge so you’re able to hook up new Appellant so you’re able to the fresh accusations and therefore led to the test part of the medical certification tendered by the PW5.
The medical Certification out-of PW5 showed that PW2 was being tested in terms of sexual assault you to definitely occurred at the dos
You will find absolutely nothing to tell you and you can point out the fact the only one ready committing brand new offence once the charged is the new Appellant. Adequate question is made on prosecution’s case and as such it actually was dangerous of your Trial Courtroom to have convicted the brand new Appellant. Ground Twenty-Half a dozen The fresh new Honourable Lower Legal erred in law when in relying towards proof of PW2 and PW3 and you will Display P-P10, it kept one: “There had been dangers and you can cohesion from the Accused in order to maintain handle of your own prosecutrix. The evidence regarding PW3 and also the statement tendered from the their particular are depending solely on what try advertised in order to their own because of the PW2. There can be research to your number one to PWI got punished and mistreated PW2. PW2 got manufactured in their unique facts that the Appellant got seen their own on the gateman prior to now and you will she was scared your Appellant have a tendency to statement her to PWI.
Crushed Twenty-Five The latest Honourable Lower Legal erred in law when it kept that prosecution got dependent beyond reasonable doubt your Appellant had sexual intercourse which have PW2 and you can penetrated their unique lips and you can ejaculated into it several times between
About points it had been incorrect on Honourable All the way down Court getting approved evidence away from PW2 and you can PW3 link, line and you may sinker. Crushed Twenty-Eight The fresh Honourable All the way down Courtroom erred in-law if it were unsuccessful to adopt, check or ascribe any worth otherwise lbs to your Appellant’s defence one to PWI their spouse was motivated by her ill intentions during the bringing the grievance facing him. Specifics step one. Particulars of grounds 17 & 24 are hereby constant. Crushed Twenty-Eight New Honourable All the way down Courtroom erred in law in the event it rejected to follow along with the brand new ) LPELR-78178 (CA) where it actually was kept next a query required where age an accused is in situation toward foundation you to definitely the: “…topic when you look at the Simon arose of a conviction off a small for armed theft and his phrase so you can dying.
