Pastor Solomon Eze v. The State Of Lagos (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUHAMMAD IBRAHIM SIRAJO, JCA (Delivering the leading judgment)

At the Ikeja Division of the High Court of Lagos State, the lower court, Coram: Ogunsanya, J., the appellant herein, as the defendant in charge No: ID/2564C/2016, was arraigned on one count information which reads thus:

Statement of offence – Count 1

Defilement contrary to section 137 of the Criminal Law of Lagos State, 2011.

Particulars of offence

Pastor Solomon Eze (M) on or about August, 2014, at No. 2, Arogbo lane, off Odunbaku Street, Ishaga, Agege, Lagos, in the Ikeja Judicial Division defiled one Isibor Charity by having sexual intercourse with her.

The Information dated 11th March, 2016 and found at page 5 of the record of appeal, the record, was preferred by E. I. Alakija, (Mrs.), the Director of Public Prosecution, on behalf of the Attorney General and Commissioner of Justice, Lagos State.

The information, together with the proofs of evidence, was served on the appellant, who, upon arraignment on 22nd September, 2016, pleaded not guilty to the one-count charge.

At the trial, the prosecution called a total of 3 witnesses and tendered some documentary exhibits in proof of its case, amongst which was the Medical Report dated 4th November, 2014 issued from a medical facility in Lagos.

The appellant, as the defendant, also called a total of 4 witnesses, including himself, in defence of the charges preferred against him. At the conclusion of the trial, learned counsel for the defence and the prosecution filed and exchanged final written addresses which they adopted as their respective submissions before the trial court. In its considered judgment delivered on 17th March, 2022, copied at pages 150 – 164 of the record of appeal, the trial court convicted the appellant for the offence charged and subsequently sentenced him to a term of imprisonment for life.

Facts of the case

Parties in this appeal rendered different versions of the facts of the case. I will reproduce, verbatim, versions from the respective briefs of argument of the parties, as told by them.

The appellant, at pages 2 – 3 of the appellants brief of argument, gave his account of events culminating into the present case thus:

Sometime in August, 2014, the PW2 and PW3 were introduced to the appellant by one Pastor Chucks as they were stranded and needed a place to live for a few days before getting a place of their own. PW3 informed the appellant that she had an issue with a neighbour in her former house and her daughter, PW2 fell sick at this period. PW3 pleaded with the appellant to allow her stay in the church as she was scared to return to the former house.