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OBIDIGWE
V.
STATE

(2018) JELR 34428 (CA)

Court of Appeal 12 Feb 2018 Nigeria
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- The appellant was arraigned before the Plateau State High Court on a charge of rape under Section 283 of the Penal Code after allegedly deceiving the victim with biscuits and toy guns to have sexual intercourse. - During the trial, the ap

Case Details

Suit Number:CA/J/329C/2013
Judges:OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria
Counsel:Parties and Counsel absent but were duly served. For Appellant Parties and Counsel absent but were duly served. For Respondent

OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Plateau State sitting in Jos (hereinafter referred to as the trial Court), per R.K.C. Adamu, J. delivered on 12th November, 2013 in Suit No. PLD/J/09C/2013.

The Appellant herein is standing trial as an accused person, before the trial Court, on the following one count charge of Rape:

THE CHARGE

That you, Matthew Obidigwe between January to July, 2012 at Yantrailer in Jos North Local Government Area within the Plateau Judicial Division committed Rape on one Happiness Gayus to wit deceiving her with biscuits and toy guns to have sex with her and thereby committed an offence punishable under Section 283 of the Penal Code Law, Cap. 89, Laws of Northern Nigeria, 1963.

Having been arraigned before the trial Court, the trial of the Appellant commenced with the taking of his plea and on 31st of May, 2013 the Respondent as prosecution opened its case. After the evidence o…

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