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KOLO
V.
C.O.P

(2017) JELR 34331 (SC)

Supreme Court 17 Feb 2017 Nigeria
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- The appellant, a university professor, was convicted by the Chief Magistrate Court, Kiyawa, Jigawa State for the offence of enticing a married woman contrary to Section 389 of the Penal Code, following a summary trial in which he pleaded

Case Details

Suit Number:SC.10/2015
Judges:OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria AMIRU SANUSI Justice of The Supreme Court of Nigeria
Counsel:Ibrahim Idris, Esq. with him, J.E. Udor, Esq. and S.O. Ogbonna, Esq. For Appellant Sani Hussaini Garun Gabbas (Attorney General of Jigawa State) with him, Musa M. Iman (DPP), Hussaini Abdullahi (Asst. Chief S.C.), Zakiriyau Mohamrned (PSC) and Muhammad Usman, Esq. (SSC) For Respondent

CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Appellate session of Jigawa State High Court delivered on 17/09/2013 in appeal No. JDU/14/CA/2013 which affirmed the judgment of the lower trial Magistrate Court Kiyawa, Jigawa State wherein the appellant was convicted summarily for the offence of enticing a married woman contrary to Section 389 of the Penal Code and sentenced to two months term of imprisonment without on option of fine.

Upon his conviction and sentence by the trial Magistrate, the appellants was dissatisfied and lodged an appeal before the appellate Division of the Jigawa State High Court and raised a sole issue to wit:-

"Whether or not the lower trial Magistrate, "Senior Magistrate has jurisdiction to try and determine the offence under Section 389 of Penal Code Laws of Jigawa State.

After hearing argument from both sides, the High Court in its reserved judgment delivered on 17/09/2013, dismissed the appeal and …

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