Shuaibu Isa V Kano State (2016)

LAWGLOBAL HUB Lead Judgment Report

CLARA BATA OGUNBIYI, J.S.C.

The appeal herein is against the decision of the Court of Appeal, Kaduna Division delivered on the 4th June, 2012 in appeal No. CA/K/247/2010. The appellant, at the Court below appealed against his conviction and sentence by the High Court of Kano State sitting at Kano on a charge of rape as follows:-

CHARGE:-That you Shuaibu Isa “m” of Unguwa Uku Quarters Kano within Kano Judicial Division on U/5/2005 at Unguwa Uku committed rape on one Aigha Ado “f” of 8 years old and thereby committed an offence punishable under Section 283 of the Penal Code.

STATEMENT OF FACTS:-

Pursuant to Section 211 of the 1999 Constitution and Section 7 of the Criminal Procedure Code, Cap 37, Laws of Kano State, the respondent proffered the foregoing lone count charge of rape against the appellant punishable under Section 283 of the Penal Code.

The prosecution listed seven (7) witnesses but called six (6) including the mother of the prosecutrix and a medical doctor from Aminu Kano Teaching Hospital Kano. The appellant defended himself. The proceedings commenced in the trial Court with the affirmation of one Abubakar Gezawa as

interpreter of the proceedings from English into Hausa and vice-versa.

The evidence in the trial Court started off with PW1 (the victim of the rape). She was twelve years old at the date of giving evidence and affirmed to speak the truth. She narrated her ordeal which dated back to three years prior to the date of giving evidence; that on her way from her mothers place at Unguwa Uku, she met the appellant who pleaded and gave her money to buy him pure water and which she obliged him as requested; that upon bringing the pure water, the appellant held her hand, dragged her to an uncompleted building, removed her wrapper and pants.In her own words as recorded by the trial Court. “He also removed his trousers and he put his penis into my vagina. I then shouted and someone came to my aid, and we, that is myself and the accused were taken to the police station,” See pages 6 – 7 of the record.

PW1 was cross examined by the defence; the learned trial judge also in further cross examination asked the following question:-

“Court to PW1: What made you to shout attracted the person who came to your aid

Witness (Pw1): I shouted because the (sic) of penis open penetration.”

See page 6 of the record.

PW2 is one Ismaila Zubairu who upon receiving an information of the suspicious criminal act entered the uncompleted building where he saw both the appellant and Pw1; that which the appellant’s trousers were at the knee level with him trying to dress up, the victim had her pants down; that the witness met both the appellant and PW1 facing each other while standing. The witness testified also that he refused to accept the appellant’s gift of money but insisted that both the appellant and PW1 were brought out and exposed where people were gathered; that the appellant and his victim were subsequently taken to the police station. The witness was also cross examined.

PW3 is the mother of the PW1 (the victim). She was told the incident and that was hearsay. She went with PW1 to the hospital and in company of the appellant. The witness was cross examined.