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(2021) JELR 109278 (CA)

Court of Appeal  •  CA/G/1C/2020  •  31 May 2021  •  Nigeria

Jummai Hannatu Sankey, JCA Tunde Oyebanji Awotoye, JCA Ebiowei Tobi, JCA


JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of the High Court of Justice of Borno State in Suit No. BOHC/MG/CR/105/2018 delivered on December, 2, 2019 by A.Y. Sanya, J. Therein, the Appellant was convicted on the charge of rape punishable under Section 283 of the Penal Code Law, Cap 102 Laws of Borno State, 1994.

The facts of the case leading to this Appeal are briefly set out as follows: On July 11, 2018 at about 7.45 pm, one Hauwa Adam Abdullahi reported to the Police at the Ibrahim Taiwo Estate (ITE) Police Station, Maiduguri that on the same date at about 7.30 pm, one Ba’a Goni Abdul raped her daughter, Halima Adam Abdullahi aged 10 years old, in an uncompleted building at the Federal Low Cost Junction while she was out hawking Native Caps. Upon arrest and investigation, the said Ba’a Goni Abdul, now Appellant, was arraigned before the Borno State High Court and charged with the offence of rape punishable under Section 283 of…

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