OGUNBIYI JSC (Delivering the Lead Judgment): The appeal herein is against the decision of the Court of Appeal, Kaduna Division delivered on 4 June 2012, in appeal No. CA/K/247/2010. The appellant, at the court below appealed against his conviction and sentence by the High Court of Kano State sitting at Kano on a charge of rape, as follows:
Charge: That you Shuaibu Isa “m” of Unguwa Uku quarters Kano within Kano Judicial Division on 17 May 2005 at Unguwa Uku committed rape on one Aisha Ado “f” of 8 years old and thereby committed an offence punishable under section 283 of the Penal Code.
Statement of facts:
Pursuant to section 211 of the Constitution of the Federal Republic of Nigeria, 1999 and section 7 of the Criminal Procedure Code, Cap. 37, Laws of Kano State, the respondent proffered the foregoing lone count charge of rape against the appellant punishable under section 283 of the Penal Code.
The prosecution listed seven (7) witnesses but called six (6) including the mother of th…