MUHAMMAD JSC: (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Makurdi Judicial Division, hereinafter referred to as the court below,affirming the conviction and sentence of the appellant under section 233 of the Penal Code for causing miscarriage to a woman. The judgment appealed against was delivered on 10 July 2012.
The facts of the case that brought about the appeal are very brief. To prove its case against the appellant after he had pleaded not guilty to the charge, the prosecution relied on the evidence of its lone witness, the investigating police officer. Through the lone witness, exhibit 2, appellant’s confessional statement and exhibit 5, the post mortem examination report, on the basis of which the trial court convicted the appellant, were admitted.
After a no-case submission that was overruled by the trial court, the appellant gave evidence in his own defence and also called two others, DW2 and DW4. At the end of trial, appell…