PW2 regarding videos recording said demonstrably your Appellant never create jizz on her behalf in contrast to their own testimony into the Courtroom. This new Appellant of the their defence don’t validate the truth regarding the prosecution alternatively the fresh new Appellant written adequate doubts in case of your prosecution. The way it is of your prosecution is punctured by the protection. Ground Twenty-Four The latest Honourable Down Court erred in-law whether it failed to consider the newest defence of your own Appellant one to PWI his wife was driven because of the financial development, and additionally taking the home in Maryland, Lagos, new Appellant’s automobile and you may funds inside their shared membership. Details 1. The latest Appellant got provided proof that PWI are driven of the avarice along with her personal wish to and obtain and takeover the their assets.
This new affiliate out of Wema Financial Plc had tendered Exhibit J dated 28th day’s however, acquired from the Bank with the 17th out of presented of the PWI to eliminate this new Appellant once the a signatory of their combined membership to make their really the only signatory. Display J try clearly printed in the brand new handwriting out of PW1 and you will registered from the their own to the Lender. New Honourable Lower Courtroom ought not to has handled this new Appellant’s defence towards strange desire of PW1 with a trend out-of new hand such given that PWI were to acquire more on the conviction and you can incarceration of your own Appellant. The newest Honourable Down Courtroom relating slaughtered fairness.
Specifics 1. Medical examination purportedly happened to the fifteen day’s on five weeks following allegation was made resistant to the Appellant. In the video clips tape starred for the unlock Legal, PW2 stated emphatically the Appellant never ever released cum on her behalf or entered his manhood for the their particular. On the a couple of amount pointers submitted up against the Appellant, it was alleged your Appellant committed brand new offence between . It was the newest seeking of Honourable Demo Legal your scientific examination of PW5 did not indict the newest Appellant. There is certainly nothing until the Judge to hook up brightwomen.net daha fazla biМ‡lgiМ‡ bulun the fresh Appellant to brand new allegations which resulted to the health test part of the medical certification tendered of the PW5.
The medical Certification of PW5 indicated that PW2 had been checked-out regarding sexual assault you to definitely occurred on dos
There is absolutely nothing to let you know and you may point out the fact that the only person able to committing the newest offence since the billed is the latest Appellant. Sufficient question was made regarding the prosecution’s case and as such it had been harmful of your own Demonstration Legal having convicted the brand new Appellant. Soil Twenty-Six The fresh Honourable All the way down Courtroom erred in-law when in depending for the evidence of PW2 and PW3 and Showcase P-P10, it stored one to: “There are dangers and you will cohesion because of the Offender to keep control of prosecutrix. The evidence out-of PW3 together with declaration tendered of the her was oriented only on which was reported so you’re able to their particular because of the PW2. You will find proof on the record that PWI had tortured and abused PW2. PW2 had produced in their unique evidence the Appellant had viewed their particular towards the gateman previously and you may she try afraid that Appellant commonly statement her so you can PWI.
Ground Twenty-Five The newest Honourable Straight down Judge erred in law when it held that prosecution got established past practical question your Appellant got sexual intercourse which have PW2 and permeated their unique lips and you will ejaculated involved with it repeatedly ranging from
Regarding situations it actually was incorrect towards the Honourable Straight down Judge for recognized the evidence of PW2 and PW3 link, range and you may sinker. Soil Twenty-7 The fresh new Honourable Lower Legal erred in law in the event it were unsuccessful to consider, glance at or ascribe people value otherwise lbs toward Appellant’s defence one to PWI their spouse try determined from the their unique ill purposes inside taking the issue facing your. Specifics step 1. Ins and outs of foundation 17 & 24 was hereby repeated. Floor Twenty-Eight This new Honourable Straight down Legal erred in law if this refuted to check out the brand new ) LPELR-78178 (CA) where it had been stored then an inquiry needs where age of an implicated is in situation to your base that the: “…material within the Simon emerged out of a belief off a minor to possess equipped robbery and his phrase so you can dying.
