Judgment
MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of appeal, Lagos Division or lower Court or Court below, delivered on the 27th day of July, 2020, Coram: Joseph Shagbaor Ikyegh JCA, Tijjani Abubakar JCA (as he then was) and Gabriel Omoniyi Kolawole JCA which affirmed the decision of the High Court of Lagos State delivered on the 25th day of January, 2018 per S.S. Ogunsanya J.
The trial High Court had found the Appellant guilty of the one count charge of defilement of a 16 month old baby who was left in his care when the mother went to take a shower which offence is contrary to Section 137 of the Criminal Code Ch. 17 Vol.3, Laws of Lagos State. Appellant was convicted and sentenced to 25 years imprisonment.
BACKGROUND FACTS The case of the Respondent was presented by PW1 – PW4. Nkiru Ezema (PW1) the victim’s mother, Sgt. Iyabo Olaniyan (PW2) the Investigative Police Officer from Idimu Division of Nigeria Police Force, Dr. John Ousegun Bankole (PW3) and Chidera Ozioko (PW4). The prosecution also tendered Eight (8) Exhibits P1-P8 which were all admitted in evidence. Exhibit P1- Statement of PW1, P2- Diaper stained with Blood, P3- Pant, P4- condom, P5- camera, P6- Medical Report, P7- Syringe, P8- Statement of the Defendant.
On the 19th October, 2016, PW1 was recalled for further cross-examination before the defence opened. The Defendant testified as DW1 and did not call any other witness or tender any exhibit.
The case of the Respondent was that on the 26th of November 2013 the survivor was a year and 4 months old and was taken by her mother to the Defendant’s room in his care in order to take her bath. That after she had her bath, that her daughter approached her pointing to her pant saying mummy “see see”. That she checked her daughter’s pant to discover blood in it; she immediately took her daughter to the health centre where she was informed that her daughter had been defiled. She made a report at the Police Station which led to the arrest of the Defendant.
That on the day in question it was only herself, her daughter and the defendant that were in the house and no other person than the Defendant could have defiled her daughter. The medical examination report of the victim admitted as Exhibit P6 revealed that the victim reported in the hospital within 48 hours of the incident with bruises on or around her vagina and a ruptured hymen. The hymen had been broken and bridged.
