ISMAILA KIWO V. THE STATE

EJEMBI EKO, J.S.C. (Delivering the Leading Judgment): On 29 November, 2012, the High Court of Kwara State (S.D. Kawu, J) convicted the appellant for raping one Suliat Ibrahim (f), being an offence punishable under Section 283 of the Penal Code Law of Kwara State. The offence was said to have been committed on 11 May, 2010.

The appellant contested his conviction at the Court of Appeal (the lower Court) on his notice of appeal filed on 21 November, 2013 containing five (5) grounds of appeal. The appeal was heard and determined on four (4) issues formulated from the said 5 grounds of appeal. The appellant, both at the trial Court and the lower Court was represented by counsel.

On 16 July, 2013, the appeal was dismissed by the lower Court in the judgment of Tijjani Abubakar JCA unanimously concurred by the other two justices on the panel. Still aggrieved, the appellant has further appealed to this Court vide the notice of appeal filed on 26 July, 2013, which on his application filed on 31 J…