(2018) JELR 38971 (CA)    

Court of Appeal  ·  CA/K/381/C/2017 ·  13 Apr 2018 ·  Nigeria
ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria OBIETONBARA O. DANIEL-KALIO Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
offence of rape
sexual intercourse
accused person
fair hearing
trial judge
case of the appellant
appellants counsel
charge no. jdu
confessional statement of the appellant
denial of fair hearing
evaluation of evidence
finding of the lower court
jigawa judicial division
jigawa state
jurisdiction of the trial court
local government area of jigawa state
mere fact of his transfer
amadu v. yantumaki
anya v. ogbuji
carnal knowledge of a minor
case of salawu v. state
case of the parties
end of the trial
entire case
evidence of pw1
following confession inter alia
hearing thereat
high court law of jigawa state
leading judgment
lower court
madukolu v. nkemdilim
mandatory requirement of corroboration of the evidence
medical evidence of the injury
nigerian army v. aminun kano
osuaha v. state
per iguh
primary duty of the trial court
public prosecution
regular court judge
rules of this court
said conviction
similar criminal case
sufficient cause

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 (…

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