PW2 on the videos tape stated demonstrably that the Appellant never put-out sperm on her behalf in contrast to their unique testimony into the Judge. The latest Appellant of the his protection did not corroborate your situation from the new prosecution as an alternative the Appellant created adequate second thoughts in the case of one’s prosecution. The situation of the prosecution is punctured from the protection. Floor Twenty-Four The fresh Honourable Lower Court erred in-law whether or not it hit a brick wall to look at brand new defence of one’s Appellant one to PWI his partner was motivated by the financial gains, and additionally taking the family home in Maryland, Lagos, the fresh new Appellant’s vehicle and you may funds in their shared account. Details step one. The Appellant got provided research you to definitely PWI is actually determined of the avarice and her private desire to and get and you can takeover the their property.
Brand new representative out-of Wema Lender Plc got tendered Exhibit J old 28th day’s but acquired about Bank into the 17th away from demonstrated of the PWI to remove the newest Appellant since a good signatory of the mutual account and come up with their unique truly the only signatory. Display J is clearly written in the newest handwriting out-of PW1 and you may submitted by the her into Financial. The new Honourable Down Court ought not to possess addressed brand new Appellant’s defence on the unusual interest from PW1 which have a wave away from the fresh new hand such as for instance since the PWI would be to acquire much more from the belief and you will incarceration of your Appellant. This new Honourable Down Legal with respect slaughtered justice.
Particulars step 1. The medical test supposedly taken place on the 15 day of throughout the four months adopting the allegation is made against the Appellant. About videos recording played within the open Courtroom, PW2 mentioned emphatically your Appellant never put-out sperm on her otherwise registered their manhood into the their particular. In the several DateNiceUkrainian mobile matter pointers filed contrary to the Appellant, it was alleged the Appellant the full time the fresh new offense between . It actually was the newest looking of the Honourable Demonstration Judge that medical study of PW5 did not indict brand new Appellant. There’s absolutely nothing before the Court to help you connect the new Appellant so you’re able to the new accusations and therefore resulted to the health test within the medical certificate tendered by PW5.
The health Certification away from PW5 indicated that PW2 was being tested when considering sexual physical violence one to occurred at the 2
You will find absolutely nothing to reveal and point out the reality that the only person with the capacity of committing the fresh offence once the billed try the Appellant. Enough doubt is made from the prosecution’s circumstances and thus it absolutely was dangerous of the Demonstration Judge having found guilty brand new Appellant. Crushed Twenty-Half dozen This new Honourable Straight down Legal erred in law when in relying with the evidence of PW2 and you may PW3 and Exhibit P-P10, it stored one: “There had been dangers and you can cohesion by Defendant in order to maintain control of your prosecutrix. Evidence from PW3 as well as the statement tendered by the their is actually created exclusively about what try said in order to their by PW2. There’s facts to the number one to PWI got tortured and you can abused PW2. PW2 got made in their own facts that Appellant had seen her into the gateman in past times and you will she are scared your Appellant will declaration their in order to PWI.
Floor Twenty-Four The latest Honourable All the way down Court erred in-law whether it held your prosecution had dependent beyond practical doubt that the Appellant got sexual intercourse with PW2 and you will permeated her lips and you may ejaculated involved with it a couple of times ranging from
On the circumstances it actually was wrong on Honourable Down Court for accepted the evidence away from PW2 and PW3 hook, range and you may sinker. Soil Twenty-Eight The fresh Honourable Down Courtroom erred in law whether it failed to look at, view or ascribe people well worth otherwise pounds into the Appellant’s defence one PWI their spouse was inspired by their ill intentions from inside the taking the complaint against your. Particulars step one. Ins and outs of basis 17 & 24 try hereby frequent. Crushed Twenty-7 New Honourable All the way down Judge erred in law in the event it refused to follow along with the fresh ) LPELR-78178 (CA) in which it actually was held after that an inquiry needs the spot where the age an accused is in thing on foundation you to definitely the: “…procedure within the Simon emerged away from a belief out of a small for equipped burglary and his sentence to death.