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GAMBO IDI v. THE STATE

(2017) JELR 37959 (SC)

Supreme Court  •  SC.363/2015  •  30 Jun 2017  •  Nigeria

Coram
CLARA BATA OGUNBIYI JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; EJEMBI EKO JSC; PAUL ADAMU GALINJE JSC; SIDI DAUDA BAGE JSC;

Judgement

CLARA B. OGUNBIYI, JSC (DELIVERING THE LEADING JUDGMENT): The appellant in this appeal was charged before the Kano State High Court for committing the offence of Rape contrary to Section 283 of the Penal Code Law on a charge filed and dated 5th November, 2010.

In a charge No. K/25C/2010 dated 5/11/14, the appellant was alleged to have committed the offence of rape as follows:-

"That you, Gambo ldi 'M adult of Kofar Gesto Quarters Karaye Local Government of Kano State, on or about 16/6/2010 in your room at the same address within Kano Judicial Division did commit an illegal act to wit: having sexual intercourse with one Hafsat Musa aged 7 years against her will thereby inflicted injuries on her and you thereby committed the offence of rape punishable under Section 283 of the Penal Code Law."

The appellant pleaded not guilty when he was arraigned on 18/3/13, and the prosecution called 4 (four) witnesses Pw1,Pw2, Pw3 and Pw4 and tendered three Exhibits - A and B being confessional statement…

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