LUCKY JACOB AKPAN V. THE STATE

CHIMA CENTUS NWEZE, J.C.A. (Delivering the Leading Judgment): The appellant in this appeal, Lucky Jacob Akpan, was arraigned before the High court of Akwa Ibom state, holden at Uyo, on March 10, 2009 [exactly, five years ago]. In the one count charge before the court [hereafter referred to as the lower court], the Honourable Attorney General of Akwa Ibom State, on behalf of the State, informed the lower court that the appellant, on March 19, 2008, at Ikot Okoro in Oruk Anam Local Government Area in the Ukanafun Judicial Division, raped one Nseobong Emmanuel Udo (f). In the said State, the offence of rape is punishable under Section 367 of the Criminal Code, Cap 38, Volume 2, Laws of Akwa Ibom State, 2000, page 184 of the record.

At page 184 of the record, the lower court indicated that the appellant pleaded "not county" (sic) to the charge. Following his not-guilty plea, the matter went on trial. The Prosecution marshalled four witnesses and tendered twelve documents, exhibits 1 - 12.…