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IBRAHIM
V.
STATE

(2014) JELR 40245 (CA)

Court of Appeal 22 Jan 2014 Nigeria
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- The appellant was convicted and sentenced to 10 years imprisonment for rape by the High Court of Katsina State, based primarily on the evidence of a child prosecutrix (PW4) and a medical report (Exhibit A). - On appeal, the appellant chal

Case Details

Suit Number:CA/K/176/C/2007
Judges:DALHATU ADAMU Justice of The Court of Appeal of Nigeria ABDU ABOKI Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Counsel:S. A. HARUNA holding the brief of AHMED M. DANBABA For Appellant HALIMA LAWAL SENIOR STATE COUNSEL, MINISTRY OF JUSTICE, KATSINA STATE For Respondent

DALHATU ADAMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of High Court No.1 Katsina presided over by Hon. Justice S.A. Mahuta Chief Judge. The appellant was brought before the trial court upon a charge dated 30th March, 2005. According to what appears on the record of proceedings, the charge was indicated to have been read out to the appellant. It was also indicated on the record that the appellant speaks Hausa but there was neither the record that an interpreter was provided for him nor the charge has been explained to him from English to Hausa.

At the trial the prosecution called 5 witnesses namely Hashiya Shuaibu, Shuaibu Abashe, Sgt. Deko Alibi, Hauwa Shuaibu and Sulaiman Abdullahi (as PW1 - 5).

The prosecution also tendered the purported confessional statement of the Appellant but it was rejected by the trial court. Exhibit 'A' was also the medical evidence in respect of the prosecution. The appellant testified in his own defence where he de…

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