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IGBINE
V.
THE STATE

(1997) JELR 45374 (CA)    

Court of Appeal  ·  CA/J/13/96 ·  20 Jan 1997 ·  Nigeria
 · 
Other Citations
Igbine v. State (1997) 9 NWLR (Pt.519)
Igbine v. State (1997) 9 NWLR (Pt. 519) 101
CORAM
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
evidence
appeal
conviction of the appellant
evidence act
learned trial judge
trial court
penal code
required corroboration
unsworn testimony
years imprisonment
adamawa state
evidence of pw5
material evidence
medical evidence
piece of evidence
accused person
criminal code
evidence of the prosecution
fair hearing
following circumstances
sufficient corroboration of rape
sufficient legal evidence
actions of the trial judge
alleged offence of rape
charge of rape
circumstances of the case
defence of the accused person
end of the prosecution
evidence of a medical doctor
evidence of the prosecution witnesses
evidence shows
facts of this appeal
fair trial
grounds of appeal
high court
laws of northern nigeria
leading judgment
material contradictions
mother of the victim
overt act of the kind of treason
own personal knowledge
penal code law cap
proper corroborative evidence
rape of a teenage girl
senior brother of the victim
standard of corroborative evidence
times of final addresses
unsworn evidence of the incident
worthless laboratory report

MUNTAKA-COOMASSIE, JCA (Delivering the Leading Judgment): In the Yola High Court Adamawa State of Nigeria, the accused person, who is now the appellant was arraigned before Thomas, J. charged with raping one Patience Essien a seven year old girl. At the end of the prosecution's case, herein called the respondent, the appellant was convicted on 9th January, 1996 for rape of a teenage girl under section 282(1)(e) of the Penal Code Law Cap 89 Laws of Northern Nigeria as applicable in Adamawa State. He was consequently sentenced to five years imprisonment without option of fine. In addition he was fined N5,000.00 or two years imprisonment in default all under Section 283 of the same law. Thomas J, has this to say:-

"In the judicial analysis, I hold the view that the defence of the accused person is so hallow (sic) as the prosecution's evidence is so overwhelming against the accused person and I am satisfied that the charge of rape has been established beyond reasonable doubt. I find you g…

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