The appellant was indicted and convicted of aggravated defilement and sentenced to 14 years of imprisonment. He appealed against the conviction and sentence on grounds that the trial judge relied on evidence of the victim who was a child of tender years without conducting a voire dire and that the sentence was illegal and harsh for the trial judge did not take into account the period he had spent on remand and mitigating factors.
A viore dire was defined as a preliminary examination by court of a witness required to testify truthfully to court with respect to the evidence to be given by that witness. That the purpose of a viore dire is for the court to determine whether the witness understands the nature of an oath and value of telling the truth. However the Court of appeal treated the testimony of the victim as unsworn which need to have been corroborated.