Alo Olusola v. The State (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

YUSUF ALHAJI BASHIR, JCA (Delivering the leading judgment)

This appeal is against the decision of the Ondo State High Court delivered on the 18th day of November, 2020 by Hon. Justice S. A. Bola, J. (now JCA).

Wherein the appellant was convicted and sentenced to life imprisonment for the offence of rape contrary to section 358 of the Criminal Code Law Ondo State.

The one count charge along with its particulars slammed against the appellant by the prosecution in the information dated 15th November, 2019 signed by John Dada Joshua principal Legal Officer on behalf of the Hon. Attorney General Ondo State filed before the lower court on the 20th November, 2019 goes thus:

At the session holden at Akure the 13th day of January, 2019, the court is informed by the Honourable Attorney General on behalf of the State that Alo Olusola (M) is charged with the following offence:

Count 1

Statement of offence

Rape contrary to section 357 and punishable under section 358 of the Criminal Code Cap. 37 Vol. 1, The Laws of Ondo State of Nigeria, 2006.

Particulars of offence

Alo Olusola (M) on or about the 17th day of June, 2019 at about 8:00pm at Aregbe 2, Ajipowo Commuity, Akure, Ondo State in the Akure Judicial Division did raped Alo Tolulope (F).

Dated this 15th day of November, 2019.

The totality of the case against the appellant gathered from the evidence of the three prosecution witnesses especially PW 1, is that the appellant who is the biological father of PW1 had formed the habit of demanding and having sexual intercourse with her as a condition for meeting her demands for school necessities, since the girl was aged 10 when she was in the junior class (JSS).

At St. Thomas Comprehensive High School Akure until it got busted during one of the meetings of their fellowship she narrated to the coordinator of the fellowship and later to the school principal that her father (Appellant) had been having sex with her whenever she asked him for money to buy her school needs.

Case was later referred to the police who eventually arraigned him in court where he was tried and convicted for rape which the appellant is not satisfied with, hence this appeal. The appeal was filed on 12th September, 2021 vide a notice of appeal complaining against the whole decision containing two grounds of appeal, which goes thus: