Afor Lucky V. The State (2016)

LAWGLOBAL HUB Lead Judgment Report

NWALI SYLVESTER NGWUTA, J.S.C.

The one count information laid against the appellant reads:

“Statement of Offence:

Rape punishable under Section 358 of the Criminal Code Cap C 21 Vol 1 Laws of Delta State of Nigeria, 2006.

Particulars of Offence:

Afor Luck (m) on or about the 7th day of April, 2012 at Oleh in Oleh Judicial Division had carnal knowledge of one Iruoghene Ogodo without her consent.

Appellant was tried and convicted as charged in the High Court of Delta State, in the Oleh Judicial Division sitting at Oleh. After the appellant was convicted by the trial Court, his learned counsel, S. O. Obaro, Esq., in allocutus pleaded, inter alia:

“… The accused is truly repentant of the offence and has vowed never to find himself in this situation again…”

The learned trial Judge sentenced the appellant, thus:

“… this accused person is sentenced to a term of imprisonment of five (5) years with hard labour or with an option of fine of three hundred thousand (N300, 000.00)”.

Appellant appealed to the Court of Appeal, Benin

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Judicial Division sitting at Benin City. The Court below dismissed the appeal on 17th November, 2014. Appellant appealed to this Court on six grounds of appeal. Though it was indicated that further/additional Grounds of Appeal may be filed, upon the receipt of the record of the Lower Court, there is no evidence that additional grounds were filed.

From the six Grounds of Appeal, learned Counsel for the Appellant formulated these five issues for determination: