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MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of appeal, Lagos Division or lower Court or Court below, delivered on the 27th day of July, 2020, Coram: Joseph Shagbaor Ikyegh JCA, Tijjani Abubakar JCA (as he then was) and Gabriel Omoniyi Kolawole JCA which affirmed the decision of the High Court of Lagos State delivered on the 25th day of January, 2018 per S.S. Ogunsanya J.
The trial High Court had found the Appellant guilty of the one count charge of defilement of a 16 month old baby who was left in his care when the mother went to take a shower which offence is contrary to Section 137 of the Criminal Code Ch. 17 Vol.3, Laws of Lagos State. Appellant was convicted and sentenced to 25 years imprisonment.
BACKGROUND FACTS
The case of the Respondent was presented by PW1 - PW4. Nkiru Ezema (PW1) the victim's mother, Sgt. Iyabo Olaniyan (PW2) the Investigative Police Officer from Idimu Division of Nigeria Police Force, D…