(2014) JELR 40245 (CA)    

Court of Appeal  ·  CA/K/176/C/2007 ·  22 Jan 2014 ·  Nigeria
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
Core Terms Beta
medical evidence
decision of high court no.1 katsina
trial court
laws of katsina state
evidence of the parties
see n.a. police
accused person
brief of the appellant
evidence of the prosecutrix
only evidence
record of proceedings
criminal procedure code
confessional statement of the appellant
allegation of rape
provision of section
leading judgment
essential elements of the offence of rape
see oladotun ogunbayo
unsworn evidence of a child
learned trial judge
valid arraignment
starting point
evidence act
said appellant
evidence of pw1
dalhatu adamu
resolution of the first issue
constitution of the federal republic of nigeria
argument of the appellant
raise question
notice of appeal
medical report
required corroboration
rape cases
credible evidence
criminal proceedings
see bakare
issue of consent
brief of argument
case of edet okon iko
valid reason
first duty
victim of such attack
final analysis
brother dalhatu adamu jca
shazali vs.the state

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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login