(2018) JELR 39037 (CA)    

Court of Appeal  ·  CA/J/85C/2017 ·  29 Mar 2018 ·  Nigeria
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
case submission
accused person
penal code
instant case
prima facie case
high court
learned trial magistrate
record of appeal
lower court
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:


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…

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