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SHAMSUDEEN ADAMU (A.K.A DUNA) V. THE STATE

(2025) JELR 114311 (SC)

Supreme Court  •  SC.CR/754/2020  •  16 May 2025  •  Nigeria

Coram
Uwani Musa Abba Aji, JSC Ibrahim Mohammed Musa Saulawa, JSC Emmanuel Akomaye Agim, JSC Stephen Jonah Adah, JSC Jamilu Yammama Tukur, JSC

Appearances
MUKHTAR A. USMAN, ESQ. with him, A.A. AHMAN, ESQ. For Appellant TAIWO ABE, ESQ. under the fiat of the Hon. A.G. (Bauchi State) For Respondent

Judgement

STEPHEN JONAH ADAH, J.S.C. (Delivering the Leading Judgment): This appeal challenges the decision of the Court of Appeal, Jos Judicial Division, in Appeal No: CA/J/76C/2020, delivered on July 16, 2020. The appellate Court upheld the judgment of the trial Court, which was delivered on October 8, 2019, in Suit No: BAV84C/2017. In that judgment, the appellant, along with two other co-accused persons, was found guilty and sentenced to ten (10) years imprisonment for criminal conspiracy under Section 4(1) of the Bauchi State (Special Provision) Law, 2017, and life imprisonment for the offence of rape under Section 1(1) of the same law, both without the option of a fine.

The facts of this case, in summary, are as follows: On October 4, 2017, at around 01:50 hours, one Mr. Hassan Abdullahi, accompanied by Hauwa'u Suleiman and Fatima Ahmed, was traveling to Yelwa Area in Bauchi Metropolis via tricycle. Near A.Y.M. Shafa Filling Station, their tricycle broke down. While they attempted to repair…

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