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(2021) JELR 109515 (CA)

Court of Appeal  •  CA/IB/272C/2019  •  27 May 2021  •  Nigeria

Jimi Olukayode Bada, JCA Ugochukwu Anthony Ogakwu, JCA Folasade Ayodeji Ojo, JCA


JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Judgment of the High Court of Justice, Ogun State Ijebu-Igbo Judicial Division in Charge No: HCB/2C/2016 – THE STATE v. ADEYIGA TAIWO delivered on the 28th February, 2019 wherein the Appellant was found guilty on a one count charge of Rape and sentenced to five years imprisonment.

Briefly, the facts of the case according to the Prosecution was that the PW1 on 9/1/2015, on her way to school for her class, boarded the commercial motorcycle of the Appellant who was directed by PW1 to take a particular route. The Appellant refused and took another route and stated that the route suggested by PW1 has Policemen, who will demand for money from him. Along the way he veered off the road to a bushy path and raped PW1 while armed with a screw driver. He drove off from the area after the act and the PW1 stood up and walked back to the main road where passer-by lifted her to the school clinic. She informed …

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