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AFOR LUCKY v. THE STATE

(2016) JELR 36904 (SC)

Supreme Court  •  SC.842/2014  •  10 Jun 2016  •  Nigeria

Coram
SULEIMAN GALADIMA JSC; OLABODE RHODES-VIVOUR JSC; NWALI SYLVESTER NGWUTA JSC; MUSA DATTIJO MUHAMMAD JSC; JOHN INYANG OKORO JSC;

Judgement

NWALI SYLVESTER NGWUTA, JSC (DELIVERING THE LEADING JUDGMENT): The one count information laid against the appellant reads:

"Statement of Offence:

Rape punishable under Section 358 of the Criminal Code Cap C 21 Vol 1 Laws of Delta State of Nigeria, 2006.

Particulars of Offence:

Afor Luck (m) on or about the 7th day of April, 2012 at Oleh in Oleh Judicial Division had carnal knowledge of one Iruoghene Ogodo without her consent.

Appellant was tried and convicted as charged in the High Court of Delta State, in the Oleh Judicial Division sitting at Oleh. After the appellant was convicted by the trial Court, his learned counsel, S. O. Obaro, Esq., in allocutus pleaded, inter alia:

"... The accused is truly repentant of the offence and has vowed never to find himself in this situation again..."

The learned trial Judge sentenced the appellant, thus:

"... this accused person is sentenced to a term of imprisonment of five (5) years with hard labour or with an option of fine of three hundred thousand (₦…

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