JOSEPH ADEREMI V. THE STATE

NASIR, J.S.C (Delivering the Leading Judgment): This is an appeal from the judgment of Akhigbe, J. sitting at the Warri High Court, convicting the appellant of the offence of rape contrary to Section 299 of the Criminal Code of the Midwestern State of Nigeria. At the hearing of this appeal on the 6th day of November, 1975, learned counsel for the Appellant sought leave to substitute and argued six new grounds of appeal in place of the original grounds of appeal. After leave was granted learned counsel argued the first and sixth grounds of appeal together; before arguing the other grounds. After hearing arguments of learned counsel on all the grounds we called upon learned Principal State Counsel to reply to the arguments and in particular to address us in reply to the arguments in respect of grounds 1 and 6. Learned Principal State Counsel indicated (and very rightly in our view) that as a matter of law he did not support the conviction as the evidence of the prosecutrix was unsatisfa…