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Before Their Lordships
OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria
EJEMBI EKO Justice of The Supreme Court of Nigeria
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria
EJEMBI EKO Justice of The Supreme Court of Nigeria
Between
INSPECTOR DANTALLE MOHAMMED –Appellant
AND
KANO STATE- Respondent
…………………….A…………………….
CHIMA CENTUS NWEZE, J.S.C. (Delivering the Leading Judgment): The appellant herein, and five other persons, three of whom were reportedly at large, were charged with the offences of Conspiracy, Abduction and Rape, punishable under Sections 97 (1); 273 and 283 of the Penal Code, respectively.
Sequel to the not-guilty plea of the appellant, the matter went to trial. The respondent’s case was anchored on the testimonies of five witnesses, including the prosecutrix, Hindatu Sani, who testified as the PW5. The appellant’s attempt to scuttle his trial, through his no case Submission, having failed, he put up his defence. He was DW4.
Dissatisfied with the judgement of the lower Court, which affirmed the trial Court’s conviction of, and sentence on him, he has approached this Court entreating it to determine the narrow question “whether the testimony of PW5 is sufficiently corroborated by the testimony of other witnesses?” The respondent adopted the said lone issue. Hence, the lone issue for the determination of this appeal is the question:
Whether the testimony of PW5 is sufficiently corroborated by the testimony of other witnesses?
ARGUMENTS ON THE ISSUE
APPELLANT’S SUBMISSIONS
At the hearing of this appeal on December 14, 2017, Henry Akunebu, learned counsel for the appellant, adopted and relied on the appellants brief of argument filed on November 6, 2015. In the said brief, an outline of the case was presented, starting with an overview of the testimony of PW5.
PW5, it was pointed out, testified that she was coming on a motorcycle from Unguwa Uku at 9pm. At Kofar Nassarawa roundabout, they saw the first and second accused persons beside their police vehicle. The second accused person was the appellant. At the instance of the motorcyclist, the PW5 alighted from the motorcycle and went off. The first accused person took the motorcycle and asked the PW5 to join the police vehicle to take her home.
Despite all protests, the first accused person took the PW5 in their vehicle to the Kwali Police Station housing Kwali Police Barracks. At the room, the first accused person asked her to sit down. As she sat down, he (the first accused person) locked her in the room. He later entreated her to eat the indomie which he bought. Her refusal to eat the said food prompted the first accused person’s threat to her.
Fully armed with a gun, he [the first accused person] slapped her, removed her veil, tearing her blouse in the process, and ravished her while she struggled with him. The ravishment resulted in her bleeding and stains on her body. The following morning, the first accused person called the third accused person who joined them in the room.
Both accused persons mocked her, locked her up in the room and, equally, locked up the main entrance and left. In the evening, the first accused person returned with one Aisha who gave her cloth to the PW5 whose cloth was stained. She (PW5) bathed with water which Aisha supplied to her. After her bath at Aishas room, the first accused person brought her back to their initial room, locked the room up and ravished her [PW5] again while she bled.
Both accused persons [first and second] took her away in a vehicle to Glo Service Station. They left her with one Shehu who, equally, ravished her. In the morning, the first accused person came and took her away to the initial room where he, once more, ravished her while she bled and stained the cloth which Aisha gave her.
After multiple forcible sexual engagements with the accused persons and one Pele at different places, they took her in a Police vehicle to a political party office behind Jifatu stores. The accused persons later took the PW5 to Kwali Police Station. Later, fire service men took her to the hospital. The parents, subsequently, reported the matter to the Kwali Police Station.
Counsel, citing Iko v. State [2005] Vol 1 NCC 499, 501, submitted that the evidence of PW5 was suspect, incredible and improbable and so cannot be corroborated, Iko v. State (supra). He maintained that the said testimony was replete with improbabilities, Amodu v. State (2012) 2 NWLR (Pt 1177) 47, 57.
He pointed out that, at page 22 of the record, PW4 stated that the PW5 made a voluntary statement which was withheld never tendered, Goubada v. State [2005] Vol 1 NCC 255, 258. He therefore submitted that the testimony of PW5 was incredible, weak and unreliable and could not be corroborated, Iko v. State (supra). He maintained that neither the PW1’s testimony nor the PW2’s additional evidence, Exhibit D2 could have corroborated the evidence of the PW5.
Dissatisfied with the judgement of the lower Court, which affirmed the trial Court’s conviction of, and sentence on him, he has approached this Court entreating it to determine the narrow question “whether the testimony of PW5 is sufficiently corroborated by the testimony of other witnesses?” The respondent adopted the said lone issue. Hence, the lone issue for the determination of this appeal is the question:
Whether the testimony of PW5 is sufficiently corroborated by the testimony of other witnesses?
ARGUMENTS ON THE ISSUE
APPELLANT’S SUBMISSIONS
At the hearing of this appeal on December 14, 2017, Henry Akunebu, learned counsel for the appellant, adopted and relied on the appellants brief of argument filed on November 6, 2015. In the said brief, an outline of the case was presented, starting with an overview of the testimony of PW5.
PW5, it was pointed out, testified that she was coming on a motorcycle from Unguwa Uku at 9pm. At Kofar Nassarawa roundabout, they saw the first and second accused persons beside their police vehicle. The second accused person was the appellant. At the instance of the motorcyclist, the PW5 alighted from the motorcycle and went off. The first accused person took the motorcycle and asked the PW5 to join the police vehicle to take her home.
Despite all protests, the first accused person took the PW5 in their vehicle to the Kwali Police Station housing Kwali Police Barracks. At the room, the first accused person asked her to sit down. As she sat down, he (the first accused person) locked her in the room. He later entreated her to eat the indomie which he bought. Her refusal to eat the said food prompted the first accused person’s threat to her.
Fully armed with a gun, he [the first accused person] slapped her, removed her veil, tearing her blouse in the process, and ravished her while she struggled with him. The ravishment resulted in her bleeding and stains on her body. The following morning, the first accused person called the third accused person who joined them in the room.
Both accused persons mocked her, locked her up in the room and, equally, locked up the main entrance and left. In the evening, the first accused person returned with one Aisha who gave her cloth to the PW5 whose cloth was stained. She (PW5) bathed with water which Aisha supplied to her. After her bath at Aishas room, the first accused person brought her back to their initial room, locked the room up and ravished her [PW5] again while she bled.
Both accused persons [first and second] took her away in a vehicle to Glo Service Station. They left her with one Shehu who, equally, ravished her. In the morning, the first accused person came and took her away to the initial room where he, once more, ravished her while she bled and stained the cloth which Aisha gave her.
After multiple forcible sexual engagements with the accused persons and one Pele at different places, they took her in a Police vehicle to a political party office behind Jifatu stores. The accused persons later took the PW5 to Kwali Police Station. Later, fire service men took her to the hospital. The parents, subsequently, reported the matter to the Kwali Police Station.
Counsel, citing Iko v. State [2005] Vol 1 NCC 499, 501, submitted that the evidence of PW5 was suspect, incredible and improbable and so cannot be corroborated, Iko v. State (supra). He maintained that the said testimony was replete with improbabilities, Amodu v. State (2012) 2 NWLR (Pt 1177) 47, 57.
He pointed out that, at page 22 of the record, PW4 stated that the PW5 made a voluntary statement which was withheld never tendered, Goubada v. State [2005] Vol 1 NCC 255, 258. He therefore submitted that the testimony of PW5 was incredible, weak and unreliable and could not be corroborated, Iko v. State (supra). He maintained that neither the PW1’s testimony nor the PW2’s additional evidence, Exhibit D2 could have corroborated the evidence of the PW5.
…………………….B…………………….
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