TIJJANI ABUBAKAR, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal Kaduna Division delivered on the 23rd day of March, 2018, wherein the Court affirmed the conviction and sentence of the Appellant to twelve years imprisonment.
The Appellant in this appeal, Hamza Sani was arraigned before the High Court of Justice Jigawa State on one count charge of committing the offence of sodomy contrary to Section 284 of the Penal Code of Jigawa State (amended). He was accused of taking a 10 year old boy, Ali Musa into his housel removed his trouser and had sex with him through the anus, an offence contrary to and punishable under Section 284 of the Penal Code. The Respondent called witnesses at the trial and tendered exhibits, PW2 Mubarak Ali in his evidence said on the 10th day of March, 2013, he entered the house of the Appellant and saw him on top of one boy, PW3 Nura Dauda also stated that he saw the Appellant entering his house with his vict…