IN THE SUPREME COURT OF NIGERIA
On Friday, the 1st Day of June 2012 Before their Lordship Walter Samuel Nkanu Onnoghen ..... Justice Supreme Court Ibrahim Tanko Muhammad Suleiman Galadima ..... Justice Supreme Court Nwali Sylvester Ngwuta ..... Justice Supreme Court Olukayode Ariwoola ..... Justice Supreme Court
Edwin Ezeigbo .... Appellant
The State .... Respondent
Judgment of the Court
Delivered by Walter Samuel Nkanu Onnoghen. JSC his is an appeal against the judgment of the Court of Appeal Holden at Abuja in appeal no. CA/A/51 C/2007 delivered on the 8 th day of January, 2008 in which the court dismissed the appeal of the appellant against the decision of the High Court of Niger State of Nigeria, Holden at Suleja in Charge No NSHC/SD/1C/2004 delivered on the 16 th day of December 2005 in which the court convicted the appellant of the offence of rape and sentenced him accordingly. The instant appeal is therefore a further appeal against the decision of the said High Court. The facts of the case include the following:-On the 8 th day of April, 2004 at about 4 p.m, PW.1 saw her two daughters Ogechi and Chioma ages 8 and 6 years respectively in the company of the appellant. The daughters were holding ice cream. When PW.1 called the two girls appellant changed direction and continued to walk away with the girls who also ignored their mother, PW.1. PW.1 became apprehensive and ran after appellant and the girls. On seeing PW.1 running towards them, appellant abandoned the girls and took to his heels. Later upon inquiring, the girls narrated how appellant used to lure them to his shop to have sexual intercourse with them and on one occasion he gave ₦30.00 to Ogechi and ₦10.00 to Chioma in return. The information was relayed by PW.1 to her husband who reported the matter to the police. The issue for determination as formulated by...