This is an appeal against the judgment of the Court of Appeal Ilorin Division, delivered on 16 July, 2013. The appellant was convicted for raping one Suliat Ibrahim. The PW3, being the victim of rape, with her friend, both secondary school girls, were returning from school on 11 May, 2010, when the appellant ambushed them with a powder-masked face and wielded a cutlass to incapacitate them. Taking them to the bush, he selected PW3 and forced her into having carnal knowledge with him. That after the illicit act, he brought her back to the road with the threat not to divulge the evil act by him. She had blood stained uniform. They reported this to PW3's father who reported same to the police. By identification, the appellant was arrested, tried and convicted as charged at the High Court. Dissatisfied, the appellant appealed to the Court of Appeal where his appeal was dismissed and the decision of the trial Court was affirmed. Yet dissatisfied, the appellant appealed to the Supreme Court contending that his conviction was based on inadmissible evidence and thus wrongly affirmed by the Court of Appeal.

EJEMBI EKO, J.S.C. (Delivering the Leading Judgment)

On the whole, the Supreme Court dismissed the appeal in its entirety and affirmed the judgment of the lower Courts.

AYODEJI O. OMOTOSHO, ESQ., WITH HIM, O. OKORO, ESQ. and M.E. EGWURUBE, ESQ. For Appellant(s) JIMOH ADEBIMPE MUMINI, ESQ., DPP KWARA STATE, WITH HIM, ISSA ZAKARI, SSC KWARA STATE For Respondent(s)

APPEAL - FRESH POINT(S) ON APPEAL - Whether leave of Court must first be sought and obtained before fresh point can be raised on appeal and the exception(s) thereof

APPEAL – FRESH POINT(S) ON APPEAL – Whether leave of Court must first be sought and obtained before fresh point can be raised on appeal and the exception(s) thereof

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APPEAL – FRESH POINT(S) ON APPEAL – Whether leave of Court must first be sought and obtained before fresh point can be raised on appeal and the exception(s) thereof

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APPEAL – FRESH POINT(S) ON APPEAL – Whether leave of Court must first be sought and obtained before fresh point can be raised on appeal and the exception(s) thereof

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