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  • 2003-01-13
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Ukershima v. State

HEMBA UKERSHIMA

V

THE STATE

COURT OF APPEAL

( JOS DIVISION )

ALOMA MARIAM MUKHTAR, JCA ( Presided )

IBRAHIM TANKO MUHAMMAD, JCA

ISA ABUBAKAR MANGAJI, JCA ( Read the Lead Judgment )

CA/J/223C/2000

MONDAY, 10TH DECEMBER, 2001

CRIMINAL LAW AND PROCEDURE - Admission - Accused person admitting that he knew the complaintant before the alleged crime Effect

CRIMINAL LAW AND PROCEDURE - Alibi - Defence of alibi - Burden on prosecution to investigate and disprove - Failure to discharge - Effect

CRIMINAL LAW AND PROCEDURE - Alibi - Defence of alibi - Evidence required to dislodge same in the instant case

CRIMINAL LAW AND PROCEDURE - Alibi - Defence of alibi - How an accused should put up the defence of alibi

CRIMINAL LAW AND PROCEDURE - Alibi - Defence of alibi - How court should approach same

CRIMINAL LAW AND PROCEDURE - Alibi - Defence of alibi - Meaning of

CRIMINAL LAW AND PROCEDURE - Alibi - Defence of - Investigation of - Situation which may vitiate same

CRIMINAL LAW AND PROCEDURE - Alibi - Defence of - Standard of proof required to establish or disprove same

CRIMINAL LAW AND PROCEDURE - Identification - Whether an accused person can be identified by his voice

CRIMINAL LAW AND PROCEDURE - Rape - Evidence of - Whether must be corroborated - The nature of corroboration required

CRIMINAL LAW AND PROCEDURE - Rape - Penetration - Whether evidence of is an essential ingredient in the offence of rape - Need to prove penetration

CRIMINAL LAW AND PROCEDURE - Sexual offences - Corroboration Need for Judge to advert his mind to corroboration in sexual offence -  Whether a witness can corroborate himself

EVIDENCE - Corroboration - Whether a witness can corroborate himself

EVIDENCE - Expert evidence - Distinguishing mark of WORDS AND PHRASES - ‘Defence of alibi’ - Meaning of

Issues:

1.            Whether the trial court was right in convicting the appellant for the offence of rape on the uncorroborated evidence of the prosecutrix.

2.            Whether the learned trial Judge was right in rejecting appellant’s plea of alibi without directing that the same be investigated.

Facts:

The appellant was charged with the offence of rape punishable under section 283 of the Penal Code of Northern Nigeria applicable in Benue State. The allegation against him was that he got hold of the complainant, PW1, on a bush path in the night around 10.00pm and took her to a nearby house where he had sextual intercourse with her forcefully. The appellant was apprehended about a month after the alleged incident and he raised a defence of alibi to the allegation against him. After full trial in which the prosecution and defence called witnesses, the appellant was convicted and sentenced to three years in prison and a fine of N200.00. Dissatisfied with the judgment, appellant filed this appeal.