PW2 about videos recording said obviously that Appellant never put-out cum on her as opposed to their unique testimony inside the Courtroom. The Appellant of the his defence didn’t validate the situation out of the latest prosecution as an alternative the fresh new Appellant created enough doubts in the case of your prosecution. The way it is of prosecution are punctured because of the protection. Floor Twenty-Five Brand new Honourable Straight down Judge erred in-law whether it were unsuccessful to look at the fresh protection of the Appellant that PWI their wife try determined because of the monetary progress, and additionally using home in Maryland, Lagos, the Appellant’s auto and you may funds in their combined account. Specifics step 1. The latest Appellant had led facts one to PWI are motivated of the greed along with her individual desire to acquire and you will takeover Litvanca kadД±nlarla tanД±ЕџД±n all the his property.
The representative regarding Wema Financial Plc got tendered Showcase J old 28th day of but obtained on the Financial on seventeenth off demonstrated from the PWI to get rid of the latest Appellant since the a beneficial signatory of the combined account while making her really the only signatory. Exhibit J was demonstrably printed in this new handwriting from PW1 and you may recorded by the their own on the Lender. The Honourable Straight down Court must not have treated the brand new Appellant’s defence for the peculiar interest of PW1 having a revolution out of the latest give such as for example just like the PWI was to obtain way more throughout the conviction and you may incarceration of one’s Appellant. The fresh Honourable Lower Courtroom in accordance slaughtered fairness.
Specifics step 1. The medical examination purportedly taken place to the 15 day’s regarding the five months adopting the allegation is made contrary to the Appellant. About movies tape played from inside the unlock Judge, PW2 said emphatically the Appellant never put-out spunk on her or registered their knob to the their particular. On the two count recommendations submitted up against the Appellant, it actually was alleged that the Appellant the full time new offence ranging from . It absolutely was the fresh trying to find of your Honourable Demo Courtroom that the scientific examination of PW5 didn’t indict this new Appellant. Discover little until the Legal so you can hook this new Appellant to help you the fresh new accusations hence resulted to the medical test within the scientific certification tendered from the PW5.
The Certificate of PW5 showed that PW2 had been checked when considering sexual assault one occurred at 2
There clearly was absolutely nothing to tell you and you will point to the point that the only person capable of committing the fresh new offence because the charged are the fresh Appellant. Sufficient doubt was made on prosecution’s situation and as such it had been hazardous of your Trial Court to possess found guilty new Appellant. Ground Twenty-Six The brand new Honourable Down Legal erred in-law while in relying towards the evidence of PW2 and you will PW3 and you can Display P-P10, they kept you to: “There were risks and you will cohesion from the Defendant in order to maintain control of your prosecutrix. The data off PW3 while the statement tendered from the their particular is actually oriented exclusively about what was reported to their because of the PW2. There is facts to your listing one PWI had tortured and you will abused PW2. PW2 got produced in their unique facts your Appellant had viewed their own to the gateman in the past and you can she is actually scared the Appellant will report their particular to help you PWI.
Crushed Twenty-Four Brand new Honourable Down Legal erred in law if it stored your prosecution had centered past sensible doubt that the Appellant had sexual intercourse with PW2 and you will penetrated their own throat and you will ejaculated engrossed repeatedly ranging from
On the circumstances it actually was wrong on the Honourable Lower Judge to possess approved the evidence regarding PW2 and you will PW3 link, line and sinker. Soil Twenty-7 The fresh Honourable All the way down Court erred in law whether it were not successful to adopt, evaluate otherwise ascribe any value otherwise lbs toward Appellant’s protection one to PWI his wife is actually inspired because of the her unwell objectives within the taking the ailment facing your. Specifics 1. Ins and outs of factor 17 & 24 is actually hereby frequent. Floor Twenty-7 The fresh Honourable All the way down Court erred in-law whether it rejected to adhere to the brand new ) LPELR-78178 (CA) in which it actually was stored after that a query will become necessary the spot where the age an accused is in material to the basis you to definitely the: “…thing during the Simon emerged out of a belief off a having armed robbery along with his sentence so you can passing.
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