Specifics 1. Discover proof towards the number one to PW1 had punished and you may mistreated PW2 hence culminated with the conference on the house of the titled Aunty Tessy. It actually was at the time of PWI torturing and abusing PW2 you to definitely PW2 told you she are fatigued and that “your some body should destroy me personally. The fresh new inference are taken is that PWI’s issue is certainly a deflection bundle regarding the allegation against their. On the proof of torture and you will youngster punishment up against PWI the latest research and testimony of PWI try unreliable. The fresh new Honourable Lower Judge ought to was careful and you will cautious in the ascribing one dependability on testimony and evidence of PW1.

Crushed Seventeen The fresh new Honourable Lower Courtroom erred in-law when despite the evidence of matrimonial conflict amongst the Appellant and you may PW1 it proceeded to treat the testimony of PWI just like the reputable. Details 1. There’s evidence of this new matrimonial dispute involving the Appellant and you can PWI. It had been visible that PWI got score to repay towards Appellant due to its matrimonial conflict. PWI try brand new Complainant and the mastermind trailing this new allegations leveled contrary to the Appellant. Toward evidence of the fresh new matrimonial argument it had been apparent one evidence and you will testimony off PWI is tainted having malice. Floor To get The brand new Honourable Lower Court erred in law in the event it fixed the issue from voluntariness out-of Showcase H on articles to the deal with of your file therefore the demeanour of the Appellant as opposed to conducting a go contained in this demonstration process.

New Honourable Down Court got kept that Display Hello are inconsistent toward research the Appellant had sexual intercourse with PW2

Specifics step 1. Particulars of BangladeЕџ kadД±n personel surface 13 was hereby repeated. Floor Nineteen New Honourable Lower Court erred in-law if this stored one: “…Showcase H is actually in line with most other centered research. Exhibit P13-14 isn’t. Hence, I have to reject new Defendant’s denials when you look at the Showcase P13- 14 once the an enthusiastic afterthought. Particulars of ground thirteen are hereby frequent. The law was settled when an accused individual makes several inconsistent comments, you to are an excellent confessional statement together with almost every other an effective retraction of aforementioned, none of the statements is actually credible. See: Ekpo against Condition (2003) 17 NWLR pt. Cop (1990) 5 NWLR pt. That have Display H and you may Exhibits P13-P14 getting contradictory of every other, the fresh Honourable Lower Judge ought not to has relied on Showcase H inside the convicting brand new Appellant.

Surface Twenty The new Honourable Straight down Court erred in-law when even after the fresh new Appellant’s allegation you to Showcase Hi is modified by PWI and you will Exhibit H2 compiled by your. From the phase out-of tendering Shows Hi and you will H2, new Appellant got stated categorically you to Showcase Hey try edited of the PWI and you will Display H2 authored by your significantly less than duress. Obviously the fresh new Appellant had put the voluntariness of these Shows during the material. On points, new Honourable Straight down Court must keeps instantly used a trial within Demonstration to decide whether your told you Shows was voluntarily created because of the Appellant before relying on exact same. Floor Twenty-You to definitely This new Honourable Down Court erred in-law whenever notwithstanding the carrying that: “You will find noticed the entire out of Display H1.

It’s contradictory with other pieces of evidence the Defendant got sexual intercourse to the prosecutrix and you will permeated their throat that have his cock

Details 1. The Honourable Lower Judge proceeded to hold that the told you Exhibit Hi constituted a ticket from the Appellant. How a file that’s/is actually inconsistent on evidence until the Legal amounted to help you an enthusiastic admission for the true purpose of convicting the brand new Appellant sounds the brand new Appellant’s creative imagination 4. This new Honourable Down Judge approbated and you can reprobated meanwhile. Crushed Twenty-A couple of The Honourable All the way down Court erred in law in the event it kept that: “…You will find tested Display H2. Olalekan Gureje experienced they. The guy plus affixed his NBA secure to your matter SCN091270. I do not accept it are over below duress. The brand new Appellant had challenged brand new voluntariness out-of Exhibit H2.