CHARLES EKPO & ANOR. V. THE STATE

C. O. MADARIKAN, J.S.C. (Delivering the Leading Judgment): We now give our reasons for allowing this appeal on the 2nd of April, 1976.

The Appellants stood trial in the High Court, Calabar, on a charge of rape contrary to section 358 of the Criminal Code cap. 30 Vol.2 of the Laws of Estate states of Nigeria, 1963 applicable in the Cross River State. The particulars of the offence were that at 19, O'Dwyer Street, Calabar, on the 14th of September 1974 they had carnal knowledge of one Affiong Asuquo Okon without her consent.

At the trial, the Prosecutrix and five other witnesses testified for the Prosecution. Each of the Appellants also gave evidence and called the father of the Prosecutrix as a witness.

The incident took place in a room at 19, O' Dwyer Street, Calabar. Four boys and two girls were in the room from 7.30pm. till about 1a.m. The four boys were the two Appellants, Maxwell Otudor (P.W.3) and Gabriel; and the two girls were the Prosecutrix (P.W.1) and Theresa Edem (P.W.5)

Th…