ALBERT IGBINE V. THE STATE

MUNTAKA-COOMASSIE, JCA (Delivering the Leading Judgment): In the Yola High Court Adamawa State of Nigeria, the accused person, who is now the appellant was arraigned before Thomas, J. charged with raping one Patience Essien a seven year old girl. At the end of the prosecution's case, herein called the respondent, the appellant was convicted on 9th January, 1996 for rape of a teenage girl under section 282(1)(e) of the Penal Code Law Cap 89 Laws of Northern Nigeria as applicable in Adamawa State. He was consequently sentenced to five years imprisonment without option of fine. In addition he was fined N5,000.00 or two years imprisonment in default all under Section 283 of the same law. Thomas J, has this to say:-

"In the judicial analysis, I hold the view that the defence of the accused person is so hallow (sic) as the prosecution's evidence is so overwhelming against the accused person and I am satisfied that the charge of rape has been established beyond reasonable doubt. I find you g…