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(2021) JELR 109449 (CA)

Court of Appeal  •  CA/G/37C/2020  •  12 Aug 2021  •  Nigeria

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


TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the appellant who was the accused in suit no. BOHC/MG/CR/104/2018 before the lower Court.

The accused was charged as follows before the lower Court:

“that you Yahuza Ayuba or about 23rd August, 2018 at about 19:30hrs at Kwayar Kusar Local Government area of Borno State which is within the jurisdiction of this honourable Court Raped one Hadiza Baba Ali “F” aged 6years old of same address and that you thereby committed on offence punishable under Section 283 of the Penal Code Law Cap 102 Laws of Borno State 1994.”

The plea of the accused was taken and trial commenced the prosecution called 5 witnesses and the defence called one witness who was the accused himself.

Hadiza Baba Ali Kubo, the 7years old alleged to have been raped gave evidence as Pw5:

PW5: Hadiza Baba Ali Kubu: Nigerian, 7 years old girl child I am primary 3 pupils I know the accused on date of the incident I…

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