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THE STATE v. ISYAKU ABDULLAHI & ANOR

(2016) JELR 42291 (CA)

Court of Appeal  •  CA/K/73/C/2015  •  4 Mar 2016  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; IBRAHIM SHATA BDLIYA JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA;

Judgement

IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Leading Judgment): Isyaku Abdullahi and Abdullahi Sani, (hereinafter refer to as the respondents) were jointly arraigned on a two (2) counts charge before the Katsina State High Court (the Lower Court) for committing the offences of conspiracy and rape under Sections 97 and 283 of the Penal Code, respectively. They were alleged to have conspired and raped Hajara Isyaku. They pleaded not guilty to the two counts charge. At the trial, the prosecution called five witnesses and tendered exhibits to prove the 2 counts against them. At the close of the prosecution case, the respondents gave evidence in their defence. They did not call other witness(es). They filed a written address. The prosecution informed the Court of its intention to file written address. After hearing the parties, the learned trial judge of the Lower Court ruled on the 16th of March 2015 that the prosecution had no right to file written address by virtue of Section 35 of the …

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