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KABIRU BALA (Alias MIJI) V. THE STATE

(2022) JELR 109335 (CA)

Court of Appeal  •  CA/KN/247/C/2020  •  11 Feb 2022  •  Nigeria

Coram
Ita George Mbaba, JCA Boloukuromo Moses Ugo, JCA Abubakar Muazu Lamido, JCA

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): Appellant was convicted for offence of Gross Indecency and Criminal trespass by the Jigawa State High Court in Charge No. JDU/109C/A/2019, delivered on 30th September, 2020, presided over by Hon. Justice Umar M. Sadiq, whereof Appellant was sentenced to 7 and 5 years, respectively, and the sentences to run concurrently. He brought this appeal, being dissatisfied.

At the trial Court, Appellant, as accused person, was charged, as follows:

FIRST HEAD OF CHARGE:

That you, Kabiru Bala (m), 27 years, of Ruwan Dawa Village, Jahun LGA, on or about the 13th day of January, 2019, around 1700 hrs, at Ruwan Dawa Village, Jahun Local Government of Jigawa State, within the Jigawa Judicial Division, did commit illegal act when you unlawfully entered into the house of one Suleiman Ibrahim with intent to commit an offence, to wit: rape, you thereby committed offence of Criminal trespass contrary to Section 342 of the same Code.

SECOND HEAD OF CHA…

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