Respondent State submits that issues of inconsistency of prosecution
witnesses and their credibility were all dealt with by the Court of Appeal as
reflected on pages 5 to 7 of its judgment. It thus submits that the evidence
relied upon to convict the First Applicant was reliable and sufficient to
sustain the conviction.
72. As to the status of the offence of rape under its Penal Code, the Respondent
State disputes the First Applicant’s allegations and argues that he has not
illustrated how the Penal Code provisions contravene Articles 2 and 3 of
the Charter. In so far as the whole Chapter on offences against morality is
concerned, the Respondent State submits that this Chapter proscribes
offences committed by both males and females for purposes of preserving
rights and morals of its society and can thus not be said to infringe the
Charter.
73. In connection with the Second Applicant, the Respondent State submits,
generally, that it did not violate his rights under Articles 2 and 3 of the
Charter without offering any substantiation.
***
74. The Court recalls that Article 2 of the Charter provides as follows:
Every individual shall be entitled to the enjoyment of the rights and
freedoms recognized and guaranteed in the present Charter without
distinction of any kind such as race, ethnic group, colour, sex,
language, religion, political or any other opinion, national and social
origin, fortune, birth or other status.
75. The Court also recalls that Article 3 of the Charter provides thus
1.
Every individual shall be equal before the law.
2.
Every individual shall be entitled to equal protection of the law.
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