STEPHEN JONAH ADAH, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Kaduna Division, which on the 14th day of December, 2016, affirmed the decision of the Jigawa State High Court, which convicted the appellant for the criminal offence of rape, contrary to the provision of section 283 of the Penal Code Law, Cap. P3, Laws of Jigawa State, 2012.
The trial court’s decision which convicted the appellant was delivered on the 14th day of May, 2014.
On appeal to the lower court, the appellant raised the sole issue as whether, from the facts and circumstances of the case, the procedure followed by the trial court was not perverse and in breach of the accused person’s right to fair hearing and fair trial, thereby making the whole decision unsustainable.
The contention in the appellant’s appeal to the lower court was that the plea of the appellant was not taken after the amendment and substitution of the initial charge by the prosecution as re…