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DUKE
V.
FRN

(2026) JELR 115400 (CA)

Court of Appeal 15 Jun 2026 Nigeria
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- The Court of Appeal affirmed the conviction and 20-year sentence of the appellant for rape under Section 1(2) of the Violence Against Persons (Prohibition) Act, 2015, holding that the prosecution proved penetration beyond reasonable doubt

Case Details

Suit Number:CA/ABJ/CR/254/2025
Judges:Ugochukwu Anthony Ogakwu, JCA Abubakar Muazu Lamido, JCA Zainab Bage Abubakar, JCA
Counsel:Adeolu Salako, Esq., SAN, with him, Adeolu Obadairo, Esq. and Ms. U. F. Asomugha For Appellant. Ms. J. I. Maliki-Esonu For Respondent.
Location:Abuja

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Lead Judgment): This appeal is against the decision of the High Court of the Federal Capital Territory, Abuja, in CHARGE NO. FCT/HC/CR/702/2023: FEDERAL REPUBLIC OF NIGERIA vs. BISHOP KENNETH DUKE delivered on 22nd January 2025. The Appellant was arraigned on a two-count charge of intentionally penetrating the vagina of a minor with his penis (rape) and intentionally causing emotional and psychological abuse to a minor contrary to and punishable under Sections 1(2) and 14(1) respectively of the Violence Against Persons (Prohibition) Act, 2015.

The Appellant pleaded not guilty, putting the prosecution to proof beyond a reasonable doubt of the offences charged. The prosecution called four witnesses and tendered documentary evidence in proof of the charge. The Appellant testified in his defence and called one other witness. In its judgment, the lower Court held that the count of rape had been proved beyond reasonable doubt. It convicted the…

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