HABIBU
V.
STATE
UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Honourable Justice Abubakar M. Sambo of High Court No. 6 of Jigawa State, Jigawa Judicial Division in Charge No. JDU/104C/2016, delivered on 16/3/2017, wherein the Appellant was convicted and sentenced to life imprisonment for the offence of rape.
The charge against the Appellant contained at page 1 of the records in the Charge Sheet dated 30/3/2016 reads as follows:
That you, ISHAYAKU HABIBU, of Dagar Village of Gabasawa Local Government Area of Kano State on or about the 19th day of November, 2015 at Matune Village, Garki Local Government Area of Jigawa State within the Jigawa Judicial Division committed an illegal act to wit, you had carnal knowledge of a minor, one Aisha Umar a five year old girl of Madara Village of Garki Local Government Area and you thereby committed the offence of rape contrary to Section 282(1)(e) of the Penal Code Cap P3 Laws of Jigawa State of Nigeria, 2012 (…