On 2nd May, 1982, PW2 Asuquo Etim Nyong arranged with the appellant, a pickup driver to take her daughter pw1 to Uyo. He gave the appellant N5.00 on the understanding that N4.00 was the fare and that he would give pw1 the balance of N1.00 to pay her fare from Uyo Motor Park to their house. When they got to Uyo Motor Park at about 6pm pw1 asked the appellant to drop her there but he refused to do so. The appellant drove to Ibot Efre Itak where he dropped all the other passengers after which the appellant drove to Uyo. On the way, he suggested that pw1 should go with him and spend the night at his house which Pw1 refused. They got to Uyo at about 8pm and the appellant drove to his house at No. 2 Effiong Ukpong Street. Pw1 came out of the vehicle and removed all her loads from the vehicle and wanted to take a Motor cycle to her home but the appellant collected the loads and put them into the vehicle and later told pw1 that he would take her to her house.

It was after this that she entered the vehicle. The appellant them drove the vehicle to Akpan Essien Street where he stopped the vehicle and asked pw1 to get down. Pw1 was crying and the appellant wound up the glass and locked the vehicle.

It was at that stage that a man on a bicycle came to the scene. He asked the appellant if there was any problem, but appellant did not say anything. It was at this time that the alleged offence was committed. The appellant later left to park his vehicle.

It was at this point that pw1 ran away to No. 5 Effiong Ukpong Street where she narrated to pw4 and her husband what happened to her. She spent the night with them and on the following day, she went back to Creek Town and reported the incident to her father pw2 after which both of them came to Uyo and reported the matter to the police.

The learned counsel for the appellant had contended that the pw1 had three golden opportunities during which she could have done something to indicate to those around that she was a prisoner in the vehicle and that the appellant was keeping her therein and taking her to places against her will and that failure to do so remains a strong veritable indication of the fact that she consented to everything that the appellant did on the day in question.

The appellant was subsequently arraigned before the High court of Akwa Ibom State, Uyo on a charge of rape. He pleaded not guilty to the charge. At the conclusion of trial, the court found the appellant guilty and convicted him as charged and thereupon sentenced him to 7 years imprisonment with hard labour.

Dissatisfied with the judgment, the appellant appealed to the Court of Appeal.