Corporal Isah Ahmed V. The Nigerian Army (2016)
LAWGLOBAL HUB Lead Judgment Report
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C.
This is an appeal against the decision of the Court of Appeal, Abuja Division delivered on 18th March 2010 affirming the decision of the General Court Marshal sitting at Officers Mess Mogadishu Cantonment, Abuja delivered on 29th August 2005, which found the appellant guilty on a one count charge of defilement contrary to Section 78 of the Armed Forces Act Cap.
A20 Laws of the Federation of Nigeria (LFN) 2004 and sentenced him to a term of four years imprisonment.
The charge against the appellant is as follows:
“The accused 91NA/32/4119 Cpl Isah Ahmed AHQ Gar being a person subject to service Law is charged with:
Statement of offence: DEFILEMENT CONTRARY TO SECTION 78 OF THE ARMED FORCES CAP A20 LAWS OF THE FEDERATION OF NIGERIA, 2004, Particulars of offence: In that he at Abuja between Jan 04 and March 05 had carnal knowledge of Miss Ruth Waziri, a girl under the age of 16.”
He pleaded not guilty. In proof of the charge, the prosecution called 5 witnesses and tendered 6 exhibits marked Exhibits P1, P2, P3, P4, P5 and P6 respectively. The appellant called 2 witnesses and testified in his own defence as DW1. At the conclusion of the trial, the General Court Martial found him guilty as charged. Dissatisfied with the decision he appealed to the Lower Court, which on 18/3/2010 affirmed the decision.
Still dissatisfied he has further appealed to this court vide his notice of appeal filed on 22/4/2010 containing two grounds of appeal.
In compliance with the rules of this Court, the parties duly filed and exchanged their respective briefs of argument.
At the hearing of the appeal on 14/4/2016, ABDULLAHI HARUNA ESQ. leading Messrs A.V. Olubiyo and C.N. Uwalaka adopted and relied on the appellant’s brief filed on 10/6/2013 and his Reply brief filed on 24/9/2013. He urged the court to allow the appeal.
J.C. OKPOKO ESQ. Assistant Director, Federal Ministry of Justice leading Mallam J.A. Adamu Esq, (Assistant Director) and Habiba U. Chime (Mrs.) (Assistant Chief State Counsel), adopted and relied on the Respondents brief filed on 28/8/2013 and urged the court to dismiss the appeal.
The appellant distilled a single issue for determination as follows:
“Whether the Lower Court was right in holding that penetration of the virgina
(sic) of the prosecutrix by me accused had been established beyond reasonable doubt to sustain the conviction of the appellant.
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