HABIBU MUSA V. THE STATE

PETER-ODILI JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Kaduna Division delivered on 21 July 2011 which by a majority of two to one affirmed the conviction and sentence passed on the appellant for the offence of rape contrary to section 283 of the Penal Code. The trial court was the High Court of Justice, Kano in Kano State.

Facts briefly stated

This is a case of rape. The undisputed facts as ascertained by the courts below show that in March 2004 in Kano, Fatima Muntari, a 5 year old girl came home crying in distress. Her mother inquired from her what the matter was and there was no answer. She went to urinate and had difficulty and in the process of washing her up, her mother saw semen in her pant and body. A report was made to the police and the victim was taken to the Murtala Mohammed Specialist Hospital, Kano where Dr. Muhammad Awwal, a senior consultant gynecologist examined Fatima. He issued a medical report which confirm…