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EYONG IDAM v. FEDERAL REPUBLIC OF NIGERIA

(2020) JELR 87119 (SC)

Supreme Court  •  SC.662/2016  •  13 Mar 2020  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC CHIMA CENTUS NWEZE JSC AMINA ADAMU AUGIE JSC EJEMBI EKO JSC PAUL ADAMU GALUMJE JSC

Judgement

PAUL ADAMU GALUMJE, J.S.C. (Delivering the Leading Judgment): The Appellant herein, was arraigned before the High Court of the Federal Capital Territory on a two count charge of rape contrary to Sections 282 (1)(a) (b) and (c) and punishable under Section 283 as well as criminal force contrary to Section 265, all of the Penal Code Law. On the 12th of April, 2006, the two count charge was read and explained to the Appellant and he pleaded not guilty. In order to prove its case, the prosecution called four witnesses and tendered in evidence the statements of the prosecutrix, the prosecutrix's father, as well as that of the Appellant and they were admitted and marked Exhibits A, B and D respectively. Exhibit D was later expunged along with the evidence of PW3 who did not turn up for cross-examination. After a careful consideration of the evidence before him, the learned trial Judge in his reserved and considered judgment found the Appellant guilty as charged and sentenced him to ten year…

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