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BASHIRU LASISI v. THE STATE

(1994) JELR 43332 (CA)

Court of Appeal  •  CA/I/120/90  •  10 Nov 1994  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JCA; GEORGE ADESOLA OGUNTADE JCA; ISA AYO SALAMI JCA;

Judgement

GEORGE ADESOLA OGUNTADE , J.C.A. (Delivering the Leading Judgment): The appellant was the first of the two accused persons who were charged before the Oshogbo High Court. The offence against the appellant reads:

"Rape contrary to section 298 and punishable under section 299 of the Criminal Code cap 28 Vol. 1 Laws of the Western Region of Nigeria (now applicable in Oyo State)

Particular of offence

Bashiru Lasisi (M) on or about the 18th of September, 1980 in a bush along Inisa-Okua Road in the Oshogbo Judicial Division had sexual intercourse with Sabitiyu Olatunji (F) without her consent."

The record of proceedings transmitted to this court shows that the appellant was first brought before Babalakin J. (as he then was) on 8th November, 1982. On that day the appellant was granted bail in the sum of N2,000.00 with one surety in like sum. The charge was not read to the appellant. Neither was his plea taken. The matter later came before the lower court on 25/11/82, 13/1/83, 9/2/83, 22/2/83…

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