An Appeal Court sitting in Ado-Ekiti has discharged and acquitted one 20-year old man, Dada Olamiposi who was sentenced to 10 years imprisonment by the lower court.
In a landmark judgement delivered by the Court of Appeal on Thursday the court set aside the judgement of the lower court which earlier convicted Dada Olamiposi to 10 years imprisonment for the offence of rape.
The presiding Judge, Court of Appeal, Ekiti Division, Justice Isaiah Akeju, said the Court set aside the verdict of the lower Court on the grounds that the lower Court did not establish the ingredients of rape.
The prosecution at the Lower Court did not prove the ingredients of the offence of rape beyond reasonable doubt against the appellant to warrant his conviction.
The Judgement reads in part, “Upon reading the record of appeal herein, it is hereby ordered as follows:
” The appeal is meritorious and is hereby allowed. That the judgment of the lower court delivered on March 2022 is hereby set aside
” That he is to be released from the prison custody forthwith.”
Counsel to the appellant, Mr Lawrence Fasanmi appreciated the court for discharging and acquitting his client.
Recall that the appellant on June 2, 2020 at the new market raped a Minor, 17-year old names withheld and hereby committed an offence under Section 31(2) of the Child’s Rights Law ,Cap C 7, Laws of Ekiti State. 2012.
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