TUNDE OYEBANJI AWOTOYE, JCA (DELIVERING THE LEADING JUDGMENT): This is the judgment in respect of the appeal of the appellant filed on 9/12/2014 against the judgment of Hon. Justice Bello Duwale delivered on 11/12/2014. The charge against the accused at the lower Court read thus "That you Malami Muhammed on or about the 4th day of December, 2013 at about 900 hours behind Baqa'ul Islamic School Tambuwal Local Government Area of Sokoto State within the Sokoto Judicial Division did commit the offence of Rape to wit: you lured one Hindatu Abubakar aged 15yrs into an alley and had sexual intercourse with her without her consent and thereby committed and offence contrary to Section 283 of the Penal Code."
The charge was read and explained to the accused who pleaded not guilty to the charge.
The prosecution then called witnesses after which the accused gave evidence.
After hearing the parties, the learned trial Judge gave judgment inter alia thus
"It is not in dispute that the accused person too…