PW2 from the video recording mentioned clearly the Appellant never ever create jizz on her in contrast to their own testimony from inside the Courtroom. The brand new Appellant because of the their defence don’t validate the fact regarding the prosecution as an alternative the fresh Appellant created sufficient second thoughts in the case of the prosecution. The actual situation of prosecution try punctured of the defence. Soil Twenty-Four The Honourable Lower Legal erred in-law whether or not it unsuccessful to take on the brand new defence of your own Appellant you to PWI their wife was motivated by the economic increases, in addition to using home inside Maryland, Lagos, the new Appellant’s vehicle and you may funds in their joint membership. Specifics 1. The brand new Appellant got led evidence one PWI is passionate by greed along with her private wish to and obtain and takeover the his possessions.
New user out-of Wema Bank Plc got tendered Exhibit J dated 28th day of however, gotten from the Bank to your seventeenth out-of displayed of the PWI to eliminate the new Appellant since an effective signatory of their mutual account and make their unique truly the only signatory. Exhibit J is actually clearly printed in the brand new handwriting of PW1 and you will submitted because of the their particular on Bank. New Honourable Down Judge ought not to possess addressed this new Appellant’s defence for the peculiar notice regarding PW1 having a wave off the hands eg while the PWI would be to acquire far more regarding the conviction and incarceration of your own Appellant. The new Honourable Straight down Legal relating slaughtered fairness.
Particulars 1. The medical test purportedly occurred towards the 15 day’s regarding the four months following the allegation was made up against the Appellant. Throughout the clips recording starred in the open Legal, PW2 mentioned emphatically the Appellant never ever create sperm on her behalf otherwise inserted his penis on their. On the one or two count advice submitted contrary to the Appellant, it had been alleged the Appellant the amount of time the new offense anywhere between . It actually was the brand new wanting of one’s Honourable Demonstration Courtroom the scientific study of PW5 didn’t indict the fresh Appellant. Discover absolutely nothing up until the Courtroom to link the newest Appellant in order to this new allegations which led to the medical examination within the scientific certification tendered by PW5.
Medical Certificate away from PW5 showed that PW2 was being tested with regards to sexual violence you to definitely took place within 2
There can be nothing to reveal and you may indicate the point that alone capable of committing the fresh offense since the recharged was the newest Appellant. Adequate doubt was created from the prosecution’s case and therefore it absolutely was hazardous of your Demonstration Court to possess convicted the fresh Appellant. Floor Twenty-Half a dozen The new Honourable Straight down Legal erred in law when in relying for the proof of PW2 and you will PW3 and Display P-P10, it kept one: “There were dangers and you will cohesion by the Accused to maintain handle of your prosecutrix. Evidence away from PW3 together with report tendered by the their try created entirely on what is actually claimed so you’re able to her from the PW2. There was research towards list that PWI got tortured and abused PW2. PW2 got manufactured in their own evidence that the Appellant had viewed her into the gateman in earlier times and you will she try scared the Appellant tend to report her to help you PWI.
Soil Twenty-Five The brand new Honourable Down Legal erred in law when it stored that the prosecution got based beyond realistic doubt that Appellant got sexual intercourse which have PW2 and you may permeated their own throat and you https://brightwomen.net/tr/paraguayli-kadinlar/ can ejaculated engrossed many times ranging from
About factors it actually was incorrect with the Honourable Lower Court for recognized evidence of PW2 and you can PW3 link, range and you can sinker. Surface Twenty-7 The new Honourable All the way down Judge erred in law whether or not it failed to take on, examine otherwise ascribe any value or lbs into the Appellant’s protection one PWI his wife is determined of the their own ill purposes from inside the bringing the criticism up against him. Specifics 1. Particulars of factor 17 & 24 is hereby frequent. Floor Twenty-Eight The fresh new Honourable Down Courtroom erred in-law in the event it declined to follow the ) LPELR-78178 (CA) where it absolutely was kept after that a query will become necessary where in actuality the ages of an accused is during question toward base one to the: “…matter during the Simon emerged from a belief of a small for armed burglary with his phrase so you’re able to demise.
