CPL. ISAH AHMED V. THE NIGERIAN ARMY

MARY U. PETER-ODILI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the General Court Martial of the Nigerian Army sitting in Abuja. The judgment was delivered by the said court on 29th August, 2005.

FACTS:

The Accused/Appellant (Corporal Isah Ahmed 91 NA/32/4119) was charged before the Lower court for defilement contrary to Section 78 of the Armed Forces Act Cap. A20 Laws of the Federation of Nigeria 2004. The particulars of the offence state that he (accused/appellant) at Abuja between February March, 2002 had carnal knowledge of Miss Ruth Waziri, a girl of 11 years of age and on several occasions.

On the 26th of July, 2005 the Prosecution amended the charge to read that the alleged offence was committed between January, 2004-March, 2005. The prosecution called 5 witnesses in all while the accused/appellant called 2 witnesses and testified for himself as DW1. The two sides addressed the Lower court extensively at the close of their respective cas…