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DANIEL ABAH V. COMMISSIONER OF POLICE

(2022) JELR 109942 (CA)

Court of Appeal  •  CA/ABJ/CR/116/2021  •  22 Jul 2022  •  Nigeria

Coram
Stephen Jonah Adah JCA Biobele Abraham Georgewill JCA Bature Isah Gafai JCA

Judgement

STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of the Federal Capital Territory, Abuja, hereinafter referred to as "trial Court", coram judice, A.O. Otaluka J., delivered on the 18th November, 2019, in Charge No: FCT/HC/CR/150/2017, convicting the defendant/accused now appellant, (Daniel Abah) for the offences bothering on having unlawful sexual intercourse with an 8years old which is punishable under Section 31 (2) and 32 (1) of the Child Rights Act, Cap 50 Laws of the Federation of Nigeria, 2003. The trial Court found the appellant guilty and he was sentenced to 14 years imprisonment for both counts. 

The two counts charge upon which the appellant was charged reads as follows: 

COUNT 1: 

That you Abbah Daniel "M" aged 35 years, on or about 26th January, 2017 at about 1300hrs respectively (sic) at Shine-light International School, Jikwoyi Phase 1, Abuja within the Abuja Judicial Division did sexually abuse one Blessin…

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