CaseLaw
Posu V. State (2011) CLR 2(a) (SC)
Judgement delivered on 4TH February, 2011
Brief
Facts
This appeal is against the judgment of the Ibadan Court of Appeal delivered on 11th day of February, 2010, affirming both the conviction and sentence passed on the Appellants by the trial High Court of Ogun State, Ilaro Judicial Division.
The Appellants, as accused persons, on 15th day of October, 2008, were arraigned before the trial Court on two counts charge of conspiracy to commit a felony, to wit; Rape and Rape contrary to Sections 516 and 358 of the Criminal Code Cap. 29, Laws of Ogun State of Nigeria respectively.
After the two count charges were read and explained to the accused persons they pleaded not guilty. At the trial, the prosecution called four witnesses and tendered five exhibits. At the close of prosecution's case, the Appellants gave evidence in their defence without more. Thereafter both the prosecution and the defence Counsel addressed the trial Court. In his well considered judgment, the learned trial Judge found the Appellants guilty and were convicted and sentenced to one and three years imprisonment respectively for conspiracy to commit rape and rape itself. Not being satisfied with the judgment of the trial Court, the Appellants filed an appeal at the Ibadan Division of the Court of Appeal. On 11th February, 2010, their appeal was dismissed.