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HUSSAINI GARBA v. THE STATE

(2021) JELR 109272 (CA)

Court of Appeal  •  CA/KN/140/C/2020  •  28 Jun 2021  •  Nigeria

Coram
Hussein Mukhtar, JCA Habeeb Adewale Olumuyiwa Abiru, JCA Abubakar Muazu Lamido, JCA

Judgement

ABUBAKAR MU’AZU LAMIDO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of High Court of Kano State, Kano Judicial Division delivered on 14th June, 2016 by N.Y. Galadanchi, J. The Appellant was arraigned before the Court on a single count of rape contrary to Section 283 of the Penal Code Law of Kano State. The said charge is as follows:-

That you Hussaini Garba (M) 30 years old, businessman of Magami village Sumaila Local Government Area of Kano State on or about 31st day of January, 2014 at about 14:00 hours at Magami village Sumaila Local Government Area of Kano State within Kano Judicial Division committed rape on one Liti Jibril 13 year old female of Magami village Sumaila Local Government Area of Kano State and you thereby committed an offence punishable under Section 283 of the Penal Code Laws of Kano State CAP 105, 1991.

The Charge was read to the Appellant and he pleaded not guilty. In proof of its case, the prosecution called four witnesses and …

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