JIMI OLUKAYODE BADA J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of High court of Niger State of Nigeria in Suleja Judicial Division in charge No NSHC: SD/1C/07 -The State v. Sani Abdullahi and 2 others delivered on the 31st day of July 2007.
The Appellants were arraigned before the lower court on a three count charge as follows:-
"Count One
That you Sani Abdullahi, Abdullahi Black and Hussaini Danjuma on or about the 31st May 2006 at Suleja within the Jurisdiction of this Honurable Court carried away one Binta Garba from the room of her boy Friend Abubakar Isah at Bakin Kasuwa at about 1.00am under the pretext that you were policemen, to one Yangongon area, behind I.B.B. Market, Suleja, you each had sexual intercourse with her one after the other against her will and against her consent, you thereby commit (sic)an offence contrary to Section 283 of the Penal Code to be read together with Section 79 of Penal Code.
Count Two
That you Sani Abdullahi…