Specifics 1. There can be proof to the listing you to definitely PW1 got tortured and you can mistreated PW2 and this culminated to your fulfilling from the quarters of your own named Aunty Tessy. It was wife Arden in Denmark in the course of PWI torturing and you will harming PW2 you to definitely PW2 told you she is exhausted hence “your some one should eliminate me. The brand new inference getting drawn is that PWI’s criticism is demonstrably a good deflection bundle about allegation against their own. On the evidence of torture and you may youngster punishment up against PWI this new facts and you may testimony out of PWI are unsound. The latest Honourable Lower Courtroom should was cautious and you can wary in the ascribing one trustworthiness on testimony and you will proof PW1.
Soil Seventeen This new Honourable Down Court erred in law when in spite of the data of your matrimonial argument between the Appellant and PW1 they continued to ease the newest testimony regarding PWI because the reliable. Details 1. There is evidence of the latest matrimonial argument between the Appellant and PWI. It absolutely was obvious you to PWI had ratings to settle into the Appellant due to the matrimonial argument. PWI try new Complainant as well as the mastermind at the rear of the fresh accusations leveled against the Appellant. With the proof this new matrimonial conflict it actually was obvious you to the evidence and testimony out-of PWI is actually tainted that have malice. Soil To get The brand new Honourable Straight down Courtroom erred in law if it solved the challenge out-of voluntariness out of Exhibit H throughout the information on the face of the file and also the demeanour of your own Appellant versus performing a shot in this demo legal proceeding.
The latest Honourable Straight down Court got kept one to Display Hey is inconsistent with the facts that Appellant had sexual intercourse which have PW2
Details step one. Particulars of floor thirteen try hereby frequent. Crushed Nineteen New Honourable Straight down Courtroom erred in-law if this kept you to: “…Display H is in line with almost every other oriented proof. Showcase P13-fourteen is not. Thus, I need to refute the fresh new Defendant’s denials within the Exhibit P13- fourteen just like the an afterthought. Ins and outs of ground thirteen is actually hereby regular. The law was compensated when an accused person renders one or two contradictory comments, you to getting good confessional declaration while the other a beneficial retraction away from aforementioned, none of one’s comments are legitimate. See: Ekpo versus County (2003) 17 NWLR pt. Policeman (1990) 5 NWLR pt. With Exhibit H and you will Displays P13-P14 becoming inconsistent of any most other, the new Honourable Lower Court must not keeps relied on Exhibit H inside convicting the brand new Appellant.
Crushed Twenty The fresh new Honourable Lower Courtroom erred in law when despite this new Appellant’s allegation that Display Hey try edited by PWI and you can Display H2 written by him. On stage of tendering Showcases Hi and H2, the brand new Appellant got said categorically one Display Hey are modified from the PWI and you may Display H2 published by your under duress. Certainly the Appellant had put the voluntariness ones Exhibits into the point. Regarding things, the fresh Honourable Straight down Legal must possess instantaneously used a try within Demo to choose if your said Displays had been voluntarily created by the Appellant ahead of relying on exact same. Floor Twenty-That Brand new Honourable Lower Judge erred in law whenever notwithstanding its carrying one: “We have noticed the entire away from Exhibit H1.
It is contradictory together with other pieces of facts that the Accused had sexual intercourse towards prosecutrix and you can penetrated their particular mouth which have their penis
Specifics step one. Yet the Honourable All the way down Legal continued to hang that said Showcase Hello constituted a pass against the Appellant. Just how a document which is/are contradictory on proof before the Court amounted so you’re able to an enthusiastic admission for the intended purpose of convicting the Appellant beats this new Appellant’s creativity 4. The Honourable Straight down Judge approbated and you will reprobated meanwhile. Surface Twenty-A couple of The Honourable Down Judge erred in law whether it stored that: “…You will find checked out Display H2. Olalekan Gureje witnessed it. The guy plus attached his NBA close towards count SCN091270. I really don’t accept it as true was complete not as much as discomfort. The Appellant had confronted the fresh new voluntariness from Display H2.