Jonathan Ajijola & ANOR v. The State (1976)

LawGlobal-Hub Lead Judgment Report

C. O. MADARIKAN, J.S.C.

The charges preferred against the Appellants in the High Court, Kano, were as follows: –

“CHARGE ONE

That you JONATHAN AJIJOLA on or about the 5th day of August, 1973 at Kano in the Kano State of Nigeria Judicial Division intentionally deceived HADIZA DAUDA to sell to you, N1.40 worth of boiled eggs without intention to pay and thereby committed an offence punishable under section 322 of the Penal Code.

Charge two

That you JONATHAN AJIJOLA on or about the 5th day of August, 1973 at Kano in the Kano State of Nigeria Judicial Division committed rape on HADIZA DAUDA and thereby committed an offence of rape punishable under section 283 of the Penal Code and triable by the High Court.

Charge three

That you ISHAYA MUSA in the month of August, 1973 at Kano in the Kano Judicial Division committed an act of gross indecency upon the person of HADIZA DAUDA without the consent of the said HADIZA DAUDA and thereby committed an offence punishable under section 285 of the Penal Code.

Charge four

That you ISHAYA MUSA in the month of August, 1973 at Kano in the Kano Judicial Division threatened HADIZA DAUDA with death with intent to cause the said HADIZA DAUDA not to do an act to wit to tell someone that she was raped by JONATHAN AJIJOLA or yourself and thereby committed an offence punishable under section 397 of the Penal Code.”

At the trial of the case, five witnesses testified for the Prosecution and each of the Accused gave evidence in his own defence. The 1st Appellant was discharge on the 2nd charge of rape, and convicted on the 1st charge of cheating. The 2nd Appellant was also discharged on the 4th charge of criminal intimidation, and convicted on the 3rd charge of attempted rape.

In the course of the trial the deposition of the complainant (Hadiza Dauda), and that of her father (Hamidu Abdullahi Dauda) were admitted in evidence and marked as Exhibits 5 and 6 respectively. The relevant portion of the record reads as follows: –

“Minjibir (Senior State Counsel):

The father of complainant is in Mecca. Prosecutrix is married in Ilorin, address unknown. Only her father knows where she is. I ask for the depositions of these two witnesses to be tendered, under section 239 C.P.C.