CaseLaw
Adonike V. State (2015) CLR 1(a) (SC)
Judgement delivered on January 30th 2015
Brief
Facts
This is an appeal against the judgment of the Court of Appeal sitting in Benin delivered on 15th March, 2013 wherein the lower court affirmed the judgment of the High Court of Delta State which convicted and sentenced the appellant to six years imprisonment with six strokes of the cane for offence of defilement.
As I can garner from the record of appeal, the facts reveal that on or about the 16th day of June, 2010, the appellant invited and requested a child of 5 years of age to buy pure (sachet) water for him. On her return, the appellant lured her into his room, pulled her pant and had carnal knowledge of her. The appellant was arrested and charged to court for prosecution. The charge read as follows:-
"STATEMENT OF OFFENCE:
COUNT 1:
Defilement punishable under section 218 of the Criminal Code Cap. 48 Volume II, Laws of the defunct Bendel State 1976 as applicable in Delta State.
PARTICULARS OF OFFENCE
Boniface Adonike (m) on or about the 16th day of June, 2010 in Issele-Uku Mkpitune Village within the Issele-Uku Judicial Division had carnal knowledge of one Iwebunor Gabriel (f) aged 5 years without her consent”
At the trial High Court the appellant denied the charge and pleaded not guilty to same. The prosecution called four witnesses. The appellant testified for himself and called no witness. Counsel for both the prosecution and defence addressed the court. At the end the learned trial judge convicted the appellant and sentenced him to 6 (six) years imprisonment and with 6 (six) strokes of the cane.
Not satisfied with the judgment handed down by the learned trial judge, the appellant appealed to the Court of Appeal, Benin Division. Without much ado, the appellant's appeal at the lower court was dismissed. Still dissatisfied the appellant has appealed to this court.