OLALEYE V. THE STATE

• Pages: 250-252

250

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NIGERIAN SUPREME COURT CASES

[1970] N.S.C.C.

OLALEYE V. THE STATE

5

THOMAS F. OLALEYE

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APPELLANT

V

THE STATE

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RESPONDENT

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10

SUIT NO. SC 330/69

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.

COKER,

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J.S.C.

SOWEMIMO,

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J.S.C.

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15

25th September, 1980

Criminal Law - Evidence - Unswom evidence of child of tender age - Corroboration

Evidence Law SS.178(5); 182(3).

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ISSUE:

1. Whether the unsworn evidence of a child of tender age requires corroboration?

FACTS:

The AppelIan! was convicted of rape contrary to s.283 of the Penal Code. The

case against him was that he had unlawful sexual intercourse with a girl under age

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of 14 years. The complainant gave evidence at the trial of the appellant and stated

how the accused had sexual intercourse with her. Because of her tender years,

the complainant's evidence was given unsworn. This fact put into issue the provi-

sions of s.182 of the Evidence Law under which there is an absolute prohibition

to a conviction by virtue of the unsworn evidence of a person of tender years un-

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less such evidence is corroborated. Also, s.178 of the Evidence Act which deals

with the offence with which the appellant is charged states that in order to ground

a conviction, the unsworn evidence of the complainant must be corroborated.

On appeal to this court.

HELD:

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1.

Both under s. 182(3) and s.178(5) of the Evidence Law it is manifest that in order

to ground a conviction, the unsworn evidence of the complainant must be

corroborated.

2.

In the particular circumstances of this case the presence of venereal infection

in the girl and the appellant was corroborative of her evidence that it was the

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appellant who had raped her.

[As to

Unsworn evidence of a child,

see 11 HALSBURY'S LAW 4th Edition 286

Para. 474 - 480.]

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CASE REFERRED TO IN JUDGMENT:

R.v. Jones

(1939) 27 Cr. App R.33.

Kalgo (S.S.C. North Western State)

for the Respondent.

Appellant absent and not represented.

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COKER, J.S.C.

(Delivering the Judgment of the Court) - The appellant was

convicted by Hassan, J. (High Court, Sokoto, North-Western State) of rape

contrary to section 283 of the Penal Code. The case against him was that he had