PW2 in the video recording mentioned clearly that the Appellant never ever create cum on her behalf as opposed to their particular testimony inside the Judge. The new Appellant from the their defence failed to validate the case out-of the fresh prosecution rather the fresh Appellant composed enough second thoughts in the event of prosecution. The case of one’s prosecution is actually punctured of the defence. Surface Twenty-Four This new Honourable Lower Judge erred in-law when it were unsuccessful to adopt new defence of your Appellant you to definitely PWI their partner try determined by the monetary increases, and using the house during the Maryland, Lagos, this new Appellant’s car and funds in their shared membership. Particulars step 1. The latest Appellant had added evidence one PWI was motivated by greed and her private need to and acquire and you may takeover all of the his property.
The latest member of Wema Bank Plc got tendered Showcase J dated 28th day of but gotten throughout the Lender into seventeenth off exhibited by PWI to remove the fresh new Appellant once the an excellent signatory of the joint account making their the only signatory. Exhibit J try obviously written in the latest handwriting out-of PW1 and recorded by the their particular for the Financial. The new Honourable Straight down Legal should not enjoys handled the brand new Appellant’s defence towards unusual focus out-of PW1 having a trend out of the brand new give eg just like the PWI would be to gain more in the belief and you may incarceration of Appellant. The brand new Honourable Straight down Legal with respect slaughtered fairness.
Specifics step one. The health test purportedly occurred into fifteen day of on the four months following allegation was created against the Appellant. Regarding films recording starred in the unlock Courtroom, PW2 said emphatically your Appellant never ever released sperm on her behalf otherwise entered their dick towards their unique. Regarding the a few amount suggestions registered up against the Appellant, it was so-called that Appellant the full time brand new offense between . It absolutely was the latest in search of of the Honourable Trial Court your scientific study of PW5 did not indict the brand new Appellant. Discover nothing until the Courtroom so you can connect the latest Appellant to the new accusations and therefore led to medical test contained https://brightwomen.net/tr/porto-riko-kadinlar/ in the medical certification tendered by PW5.
The medical Certificate out of PW5 showed that PW2 had been tested when considering sexual violence one taken place in the 2
You will find absolutely nothing to show and you may suggest the point that the only person ready committing the newest offense because billed try brand new Appellant. Enough question is made on the prosecution’s instance and as such it actually was hazardous of your own Demo Court to possess convicted the fresh Appellant. Soil Twenty-Half dozen The fresh Honourable Straight down Court erred in-law when in counting on proof PW2 and you may PW3 and Showcase P-P10, it stored you to definitely: “There had been risks and cohesion by Defendant to maintain control of your own prosecutrix. Evidence out-of PW3 therefore the report tendered by the her are established solely on which is actually said so you can her because of the PW2. There clearly was facts on the record that PWI had punished and you can mistreated PW2. PW2 had manufactured in their particular facts that Appellant got seen their own with the gateman prior to now and you can she is actually afraid that Appellant commonly statement their particular so you can PWI.
Surface Twenty-Four The new Honourable Down Court erred in law if it held that the prosecution had based beyond realistic question your Appellant got sexual intercourse which have PW2 and you may penetrated their throat and you may ejaculated in it repeatedly ranging from
Regarding the facts it was wrong on Honourable Lower Legal to own recognized the evidence away from PW2 and you may PW3 connect, line and you can sinker. Soil Twenty-Eight The fresh Honourable Lower Courtroom erred in law when it hit a brick wall to consider, look at or ascribe one well worth or pounds for the Appellant’s defence you to definitely PWI his wife try motivated by their particular unwell intentions from inside the bringing the issue facing him. Specifics step 1. Ins and outs of grounds 17 & 24 is hereby frequent. Crushed Twenty-Seven This new Honourable All the way down Court erred in-law if it declined to follow the brand new ) LPELR-78178 (CA) where it was held next an inquiry will become necessary the spot where the age an accused is actually matter into the foundation you to definitely the: “…situation in Simon emerged out-of a belief out-of a small having armed robbery along with his sentence to help you demise.
