- Acquits 2 others charged with act of gross indecency
The Court of Appeal Kano Division, on Friday, upheld the judgment of High Court of Justice Jigawa State which convicted Mesara Ayuba and Abdurrahman Musa for raping an 8-year old girl.
The two were found guilty of the offence of Rape punishable under Section 283 of the Penal Code (Miscellaneous Amendment) Law No 9, 2014, and were sentenced to seven years imprisonment with 10 strokes of cane for 10 market days.
The decision of the High Court was delivered on 24th September, 2019 by Justice Ahmed Isah Gumel (retired), the Public Relations Officer of Jigawa State Ministry of Justice Zainab Baba Santali said in a statement on Saturday.
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Ayuba and Musa were dissatisfied with the decision and appealed against the judgment. The respondent (Jigawa State Ministry of Justice) also cross appealed on the sentencing.
Counsel to the appellants was Chief Uche F. Ewule Esq and respondent’s counsel was the Attorney-General of Jigawa State Dr. Musa Adamu Aliyu.
In a well-considered judgment, the Court of Appeal through lead decision of Hon. Justice Abubakar Muazu Lamido dismissed the main appeals and affirmed the convictions made by the trial court.
However, the court allowed the cross appeals and set aside the sentencing of seven years imprisonment with 10 strokes of cane for 10 market days with life imprisonment.
The court ruled that sentencing for the offence of rape in Jigawa State under Section 283 of the Penal Code (Miscellaneous Amendment) Law No 9, 2014 is mandatory. And no court in Jigawa State has power to reduce the sentencing where the victim’s age is below 14 years.
In another development, Justice Abubakar Lamido has acquitted one Nura Kabiru and Salisu Abdullahi who were charged with act of gross indecency for allegedly playing pornographic films to a minor privately.
In two separate appeals, the appellants’ Counsel Chief Uche F. Ewule Esq and A.G. Wakil Esq., respectively challenged the conviction and sentencing of the appellants on the ground that they were convicted based on unsworn testimony of minor without corroborative evidence.
The evidence of the minor girl was to the effect that the Appellants used to play pornographic films to her privately.
Justice Lamido disagreed with the submission of the Attorney-General that there were corroborative evidence of medical report and evidence of the mother of the victim.
According Justice Lamido, the so-called corroborative evidence did not support the testimony of the girl.
He concluded that the decision of the trial High court, delivered on 24th September, 2019 by Justice Ahmed Isah Gumel (retired) was an error in law.
He said it was an error in law to convict an accused person based on sole evidence of an unsworn testimony of a minor, as such the judgment was set aside and the appellants were discharged and acquitted.
