Abduljalal Lawali v. The State (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OLABODE ABIMBOLA ADEGBEHINGBE, JCA (Delivering the leading judgment)

Page 3 of the record of appeal shows that the allegation made by the State against the appellant in the charge filed on 29/03/2022 against him is as follows:

“That you, Abduljalal Lawali of Baushe Village in Baure L. G. A. of Kastina State on 07/06/2021 at about 15.00hrs or thereabout at Zangoro Village in Ganjuwa LGA Bauchi State within the jurisdiction of this honourable court, lured one Khadija Mohammed into an uncompleted building and forcefully had unlawful canal knowledge of her without her consent thereby committed the offence of rape contrary to Section 11 of the Kidnapping, Theft of Cattle and Rape (Special Provision) Laws of Bauchi State 2017 and triable by this honourable court.”

Pages 15 – 17 of the record of appeal confirm that the appellant was arraigned on 12/04/2022 for the one-count charge, to which he pleaded not guilty.

At the trial, the prosecution called three witnesses.

The appellant, the accused, testified for himself. The appellant did not call any other witness.

At the end of the trial, after learned counsel for the parties had made their respective legal submissions, the lower court – Bauchi State High Court, sitting at its Bauchi Judicial Division in charge No. BA/61C/2022 – gave its judgment on 27/03/2023.

Instead of convicting the appellant for the offence alleged against him, the lower court convicted the appellant, in the following words:

“In line with the above, after due warning and having been convinced by the evidence before me, I hold that the prosecution has proved, beyond reasonable doubt, the offence of acts of gross indecency against the accused person and he is hereby convicted accordingly.” (See page 98 of the record of appeal)

The lower court sentenced the appellant, upon his recorded conviction, as follows:

“Court: Having considered the allocutus by the accused person’s counsel and the fact that he is first timer, I hereby sentence the defendant to 8 (Eight) years imprisonment for the offence of acts of gross indecency punishable under section 13 of the Kidnapping, Theft of Cattle and Rape (Special Provisions) Law of Bauchi State, 2017.” (See page 98 of the record of appeal)

Unhappy with the decisions of the lower court in its judgment, the appellant caused a notice of appeal to be filed against that judgment. In the notice of appeal, filed on 19/05/2023, the appellant raised five grounds, without an omnibus ground of appeal, against the judgment of the lower court.

On 03/10/2023, the appellant filed his brief of argument in the appeal, which was settled by G. A. Idiagbonya Esq. Learned counsel distilled the following three issues from the grounds of appeal remitted to the court, as follows:

“1) Whether the learned trial Judge was right to have relied on the evidence of PW III, Nana Khadija to convict and sentence the appellant for acts of gross indecency when the victim of the offence is Khadji Mohammed. (Distilled from grounds 4 and 5 of the notice of appeal)