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Before Their Lordships
JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria
UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria
JAMILU YAMMAMA TUKUR Justice of The Court of Appeal of Nigeria
UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria
JAMILU YAMMAMA TUKUR Justice of The Court of Appeal of Nigeria
Between
1. MICHAEL AKINWUNMI
2. JULIUS AKINWUNMI Appellant(s)
AND
THE STATE OF LAGOS Respondent(s)
…………………….A…………………….
UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The Appellants were arraigned before the High Court of Lagos State on a one Count Information of defilement contrary to Section 137 of the Criminal Law of Lagos State, in CHARGE NO. ID/332c/2013: THE STATE OF LAGOS vs. MICHAEL AKINWUNMI & ANOR. Upon arraignment, the Appellants pleaded not guilty, thus putting the Prosecution to proof of the offence charged. The Prosecution then called four witnesses in proof of the offence.
At the close of the prosecution case, the Appellants made a no-case submission. In reaction to the Appellants the no-case submission, the Prosecution amended the charge against Appellants to a charge of Other Forms of Sexual Abuse and Exploitation contrary to Section 28 of the Childs Rights Law No. 11 of Lagos State, 2007. The Appellants pleaded not guilty to the amended charge after which the written addresses filed in the no-case submission were adopted. In its Ruling the lower Court dismissed the no-case submission and ordered the Appellants to enter upon their defence.
The Appellants testified in defence of the charge as amended and called one other witness. At the close of the defence, learned counsel addressed the lower Court and its judgment delivered on 16th November 2015, the lower Court convicted the Appellants as charged under Section 28 of the Childs Rights Law No. 11 of Lagos State, 2007 and sentenced them to a term of seven years imprisonment. The judgment is at pages 171-185 of the Records. The Appellants being dissatisfied with their conviction and sentence appealed vide a joint notice of appeal dated 28th November 2015, but filed on 1st December 2015. The Joint Notice of Appeal is at pages 186-189 of the Records.
Upon the compilation and transmission of the Records the parties filed and exchanged briefs of argument. The Appellants Brief of Argument was filed on 24th February 2016, but deemed as properly filed on 5th May 2016. The Respondents Brief was filed on 16th February 2017 and deemed as properly filed on the said 16th February 2017. The Appellants also filed an Appellants Reply Brief on 28th February 2017. The Appellants distilled four issues for determination as follows:
1. Whether the Respondent (i.e. the Prosecution) has effectively discharged the burden of proving the guilt of the two (2) Appellants as regards the offence of other forms of sexual exploitation/harassment (Ground 1).
2. Whether the evidence of PW1, PW2 and PW3 adequately corroborated the evidence of PW2 to warrant the conviction of the Appellants by the trial High Court (Ground 2).
3. Whether the evidence of PW2 can be given any probative value by Court to ground a conviction against the 1st and 2nd Defendants (Ground 3).
4. Whether the Defense of the two (2) Defendants was an afterthought as put forward by the Defendants and whether same was investigated by PW3 and considered by the Trial Court (Ground 4).
On its part the Respondent formulated a sole issue for determination, namely:
Whether from the facts and circumstances of this case, the Respondent discharged the burden of proof placed on it by law to warrant the conviction of the Appellants for the offence of other forms of sexual exploitation and harassment
At the hearing of the appeal on 2nd March 2017, the Respondents counsel was absent whereupon the Court upon being satisfied that hearing notice was served on the Respondent, treated the appeal as having been duly argued by the Respondent pursuant to the Order 19 Rule 9 (4) of the Court of Appeal Rules, 2016. In the course of hearingP. A. Oyewo, Esq., learned counsel for the Appellants, adopt the briefs filed by the Appellants, the Court suo moturaised the issue of the competence of the appeal, the appeal having been initiated by a joint notice of appeal instead of a separate notice of appeal for
The Appellants testified in defence of the charge as amended and called one other witness. At the close of the defence, learned counsel addressed the lower Court and its judgment delivered on 16th November 2015, the lower Court convicted the Appellants as charged under Section 28 of the Childs Rights Law No. 11 of Lagos State, 2007 and sentenced them to a term of seven years imprisonment. The judgment is at pages 171-185 of the Records. The Appellants being dissatisfied with their conviction and sentence appealed vide a joint notice of appeal dated 28th November 2015, but filed on 1st December 2015. The Joint Notice of Appeal is at pages 186-189 of the Records.
Upon the compilation and transmission of the Records the parties filed and exchanged briefs of argument. The Appellants Brief of Argument was filed on 24th February 2016, but deemed as properly filed on 5th May 2016. The Respondents Brief was filed on 16th February 2017 and deemed as properly filed on the said 16th February 2017. The Appellants also filed an Appellants Reply Brief on 28th February 2017. The Appellants distilled four issues for determination as follows:
1. Whether the Respondent (i.e. the Prosecution) has effectively discharged the burden of proving the guilt of the two (2) Appellants as regards the offence of other forms of sexual exploitation/harassment (Ground 1).
2. Whether the evidence of PW1, PW2 and PW3 adequately corroborated the evidence of PW2 to warrant the conviction of the Appellants by the trial High Court (Ground 2).
3. Whether the evidence of PW2 can be given any probative value by Court to ground a conviction against the 1st and 2nd Defendants (Ground 3).
4. Whether the Defense of the two (2) Defendants was an afterthought as put forward by the Defendants and whether same was investigated by PW3 and considered by the Trial Court (Ground 4).
On its part the Respondent formulated a sole issue for determination, namely:
Whether from the facts and circumstances of this case, the Respondent discharged the burden of proof placed on it by law to warrant the conviction of the Appellants for the offence of other forms of sexual exploitation and harassment
At the hearing of the appeal on 2nd March 2017, the Respondents counsel was absent whereupon the Court upon being satisfied that hearing notice was served on the Respondent, treated the appeal as having been duly argued by the Respondent pursuant to the Order 19 Rule 9 (4) of the Court of Appeal Rules, 2016. In the course of hearingP. A. Oyewo, Esq., learned counsel for the Appellants, adopt the briefs filed by the Appellants, the Court suo moturaised the issue of the competence of the appeal, the appeal having been initiated by a joint notice of appeal instead of a separate notice of appeal for
…………………….B…………………….
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