ABOKHAI
V.
COP

(2018) JELR 39037 (CA)

Court of Appeal · CA/J/85C/2017 · 29 Mar 2018 · Nigeria

CORAM

ADAMU JAURO Justice of The Court of Appeal of Nigeria UCHECHUKWU ONYEMENAM Justice of The Court of Appeal of Nigeria HABEEB ADEWALE OLUMUYIWA ABIRU Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellant

section

case submission

accused person

penal code

case

charge

offence

instant case

prima facie case

high court

learned trial magistrate

record of appeal

lower court

trial

criminal procedure code

senior counsel

trial magistrate court

appeal no. pld

first information report

framing of a new charge

submission of the learned san

aituma v. state

appellate jurisdiction

evidence of the prosecution witnesses

learned justices of the high court

learned trial magistrate court

lesser offence of gross indecent assault

penal code law

prosecution witnesses

accused person of a lesser offence

appellant mr. charles obishai san

appellants appeal

appellants brief of argument

cases of james v.

chief magistrate court

coram hon. justice p.d. damulak

court finds

decision of the lower court

decision of the plateau state high court

decision of the plateau state high court of justice

framing of a charge

further response

leading judgment

plateau state high court justice

proofs of the said offence

respondents counsel

ruling of a chief magistrate court jos

sufficient evidence

ADAMU JAURO, J.C.A.(Delivering the Leading Judgment): The appeal herein is against the decision of the Plateau State High Court of Justice sitting in its appellate jurisdiction over the ruling of a Chief Magistrate Court Jos, coram Hon. Justice P.D. Damulak and Hon. Justice R.K. Sha in Appeal No. PLD/J25CA/2008 delivered on the 31st March, 2009.

The facts relevant to this appeal was that the accused on the 5th December, 2007, was arraigned before the Chief Magistrate Court, Abattoir Jos on a First information Report dated 4th December, 2007. The FIR reads as follows:

PROCURATION OF MINOR GIRL

On the 30-11-07 at about 10:00hrs one PRINCE YAHAYA AUDU of House on the Rock Kufang Jos came to Rantya Police station and reported that on the 24/11/2007 one FRED OHAI ABOKHAI of the same address have an illicit intercourse sexually with his Daughter one OJONUGWA AUDU a girl of 3 and half years so young that her consent is immaterial contrary to Section 275 Penal Code Law.

See page 3 of the record o…

ABOKHAI V. COP

ABOKHAI
V.
COP