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MICHAEL AKINWUNMI & ANOR v. THE STATE OF LAGOS

(2017) JELR 41973 (CA)

Court of Appeal  •  CA/L/6C/2016  •  31 Mar 2017  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; UGOCHUKWU ANTHONY OGAKWU JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The Appellants were arraigned before the High Court of Lagos State on a one Count Information of defilement contrary to Section 137 of the Criminal Law of Lagos State, in CHARGE NO. ID/332c/2013: THE STATE OF LAGOS v. MICHAEL AKINWUNMI and ANOR. Upon arraignment, the Appellants pleaded not guilty, thus putting the Prosecution to proof of the offence charged. The Prosecution then called four witnesses in proof of the offence.

At the close of the prosecution case, the Appellants made a no-case submission. In reaction to the Appellants the no-case submission, the Prosecution amended the charge against Appellants to a charge of Other Forms of Sexual Abuse and Exploitation contrary to Section 28 of the Childs Rights Law No. 11 of Lagos State, 2007. The Appellants pleaded not guilty to the amended charge after which the written addresses filed in the no-case submission were adopted. In its Ruling the lower Court dismissed th…

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