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EYONG IDAM v. FEDERAL REPUBLIC OF NIGERIA

(2020) LPELR-49564(SC)

In The Supreme Court of Nigeria

On Friday, the 13th day of March, 2020

SC.662/2016


Before Their Lordships

OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria

CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria

AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria

EJEMBI EKO Justice of The Supreme Court of Nigeria

PAUL ADAMU GALUMJE Justice of The Supreme Court of Nigeria


Between

EYONG IDAM - Appellant(s)

AND

FEDERAL REPUBLIC OF NIGERIA - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the offences of rape and criminal force.
FACTS:
This is an appeal against the decision of the Court of Appeal, Abuja Division.

The Appellant herein, was arraigned before the High Court of the Federal Capital Territory on a two count charge of rape contrary to Sections 282 (1)(a) (b) and (c) and punishable under Section 283 as well as criminal force contrary to Section 265, all of the Penal Code Law. On the 12th of April, 2006, the two count charge was read and explained to the Appellant and he pleaded not guilty. 

In order to prove its case, the prosecution called four witnesses and tendered in evidence the statements of the prosecutrix, the prosecutrix's father, as well as that of the Appellant and they were admitted and marked Exhibits A, B and D respectively. Exhibit D was later expunged along with the evidence of PW3 who did not turn up for cross-examination. After a careful consideration of the evidence before him, the learned trial Judge in his reserved and considered judgment found the Appellant guilty as charged. He was sentenced to 10 years and one year for the offences of rape and criminal force respectively. Both sentences were ordered to run concurrently. 

His appeal to the Court of Appeal was dismissed, hence this appeal to the Supreme Court.

ISSUES:
The Apex Court determined the appeal on a lone issue viz:
Whether the Lower Court was right in affirming the decision of the trial Court, having regard to the evidence adduced at the trial, and if so whether the sentences passed on the Appellant are not excessive?

DECISION/HELD:
In the final analysis, the appeal was unanimously dismissed for lack of merit.


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