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(2021) JELR 109300 (CA)

Court of Appeal  •  CA/LAG/CR/969/2020  •  23 Sep 2021  •  Nigeria

Joseph Shagbaor Ikyegh, JCA Onyekachi Aja Otisi, JCA Abubakar Sadiq Umar, JCA


ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): The High Court of Lagos State, Special Offences (Sexual Offences and Domestic Violence) Court, Ikeja, presided over by S. O. Nwaka, J., (as he then was), in a judgment delivered in Charge No ID/4214C/2017 on June 22, 2020, convicted the Appellant of the offence of defilement contrary to Section 137 of the Criminal Law of Lagos State, Ch. C17, Vol 3, Laws of Lagos State and sentenced him to 15 years imprisonment.

​The facts of the case, as gleaned from evidence adduced by the Respondent, were that the Appellant sexually defiled a certain Ifechukwu Peter Chika, aged three years old. PW1, Dr. Alagbe Oyedeji, was the Medical Doctor that examined Ifechukwu, and PW2, Woman Sergeant Ozichi Ekuneze, was the Investigating Police Officer (IPO) who investigated the complaint. At the trial, the Respondent tendered through its witnesses Exhibits A1-A4, police medical form and the medical reports; Exhibit B, the extrajudicial statement o…

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