It was evidence of your own defence one PWI got tortured PW2 to implicate the newest Appellant

Details 1. There can be proof into list one PW1 got tortured and you can abused PW2 which culminated towards the meeting in the home of titled Aunty Tessy. It absolutely was during PWI torturing and harming PW2 one to PW2 said she try sick which “you someone need to eliminate me personally. The fresh inference to-be removed is that PWI’s ailment is obviously an excellent deflection bundle in the allegation against their own. Towards the proof of torture and siteyi Г§ek you can child abuse against PWI new facts and you may testimony off PWI try unreliable. The newest Honourable Down Legal ought to was basically cautious and wary inside ascribing people credibility towards the testimony and you will evidence of PW1.

Ground Seventeen The Honourable Down Courtroom erred in law whenever notwithstanding the evidence of the matrimonial conflict between your Appellant and you may PW1 they went on to alleviate the new testimony out-of PWI as legitimate. Specifics step one. There is proof of the matrimonial argument within Appellant and you will PWI. It absolutely was visible you to PWI had scores to repay to the Appellant due to the matrimonial argument. PWI is actually the fresh new Complainant additionally the genius behind this new allegations leveled resistant to the Appellant. Towards the proof of this new matrimonial disagreement it had been apparent you to evidence and you can testimony out of PWI is tainted with malice. Crushed Eighteen The newest Honourable Lower Court erred in law when it solved the problem away from voluntariness of Display H regarding the information into face of your own file and also the demeanour of the Appellant without conducting a trial inside trial procedures.

New Honourable Down Court got kept that Exhibit Hello is actually contradictory on the proof that Appellant had sexual intercourse that have PW2

Details 1. Particulars of surface 13 try hereby repeated. Crushed Nineteen Brand new Honourable Straight down Legal erred in-law if this held you to definitely: “…Exhibit H try in line with other centered proof. Showcase P13-14 isn’t. Thus, I must deny the newest Defendant’s denials in the Showcase P13- 14 as a keen afterthought. Ins and outs of soil 13 is hereby frequent. What the law states is settled that in case an accused person tends to make a couple inconsistent statements, that getting good confessional report and the almost every other an effective retraction away from the second, neither of one’s comments is actually reputable. See: Ekpo compared to County (2003) 17 NWLR pt. Cop (1990) 5 NWLR pt. That have Exhibit H and you can Shows P13-P14 being contradictory of each most other, the fresh Honourable Lower Judge must not provides made use of Display H inside convicting new Appellant.

Crushed Twenty The fresh new Honourable Lower Judge erred in-law when despite the brand new Appellant’s allegation one Display Hey are modified from the PWI and you will Showcase H2 authored by him. In the stage out of tendering Showcases Hey and you can H2, the latest Appellant got stated categorically you to Display Hello are modified because of the PWI and you may Showcase H2 authored by your around discomfort. Certainly new Appellant had put the voluntariness of them Exhibits during the question. About issues, this new Honourable Lower Courtroom ought to have instantaneously used an attempt within this Demo to choose if for example the told you Exhibits was voluntarily authored from the Appellant before relying on exact same. Surface Twenty-You to New Honourable Straight down Courtroom erred in-law whenever regardless of their carrying you to: “I’ve considered the complete out-of Showcase H1.

It is contradictory together with other items of proof the Offender got sexual intercourse toward prosecutrix and you will permeated their unique mouth with their penis

Details step one. The Honourable Lower Legal proceeded to hang your said Exhibit Hey constituted a pass resistant to the Appellant. Just how a file which is/try contradictory into the facts before the Judge amounted to an enthusiastic entry for the purpose of convicting new Appellant sounds the brand new Appellant’s creativeness cuatro. This new Honourable Down Legal approbated and reprobated meanwhile. Floor Twenty-A couple of The fresh new Honourable All the way down Legal erred in-law in the event it stored that: “…I’ve looked at Exhibit H2. Olalekan Gureje saw they. The guy together with connected his NBA seal into count SCN091270. I do not accept it is complete significantly less than duress. New Appellant had confronted the brand new voluntariness regarding Exhibit H2.