Ali Hafizu v. The State (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

JAMILU YAMMAMA TUKUR, JSC (Delivering the leading judgment)

This is an appeal against the decision of the Court of Appeal, Kaduna Judicial Division (Lower court) delivered on 14th day of December, 2016 which affirmed the judgment of the Jigawa State High Court (Coram: Hon. Justice Umar M. Sadiq) delivered on the 18th day of June, 2014 which convicted the appellant for the offence of rape and sentenced him to just five years imprisonment without option of fine.

At the trial court, the appellant was arraigned and tried on a lone count charge as follows:

That you Ali Hafizu of Kangire Village Birnin Kudu Local Government Area within the Jigawa Judicial Division on the 24h day of June, 2012 at about 200hrs committed a criminal offence by doing an illegal act to wit; you invited one Hauwa Magaji an 11 year old girl at Fargoyawa village/quarters, Birnin Kudu Local Government Area, into your house, remove her pant and forcefully had sexual intercourse with her. You thereby committed the offence of rape punishable by section 283 of the Penal Code Laws of Jigawa State 1998 (as amended).

The prosecution fielded three witnesses the 12-years old victim, Hauwa Magaji as PW1; Dr. Lawal Abdulrahman Mudugwe Kolade as PW2 and CpI. Ibrahim Saidu as PW3. In his defense, the appellant testified and called no witness.

The facts of this appeal are that PW1 was a gruel seller. On the fateful day, the appellant approached the PW1 in a bid to purchase gruel. After being served, the appellant left and later returned asking PW1 for the whereabouts of the gruel he purchased.

She explained that she did not know and offered to sell another gruel on the condition that the appellant pays N10 while she bears the loss of N10, an offer the appellant turned down. In the process, the third-party that consumed appellants gruel paid and asked PW1 to serve appellant another one. Thereafter, appellant left with PW1s container.

Sequel to the above, PW1 traced the appellant to his house in order to recover her container but met his absence. Meanwhile, when PW1 was exiting appellants house – she saw him coming back from where he went to fetch water. From there, appellant forcefully grabbed PW1. At page 4 of the record, PW1 recounted her experience in the following words:

The accused person grabbed me into his house as I was crying the accused closed my mouth and closed the door. As we were struggling the accused removed my pant and inserted his penis into my vagina. After that I took my pant and went to my house and inform my mother about what the accused person did to me. My mother treated me using hot water to wash my vagina. The accused injured me in my vagina that is why my mother use hot water to wash it and then after apply medicine.

The prosecution called PW1’s mother as a witness. Unfortunately, being an epileptic patient, during cross-examination she collapsed and upon application of prosecution counsel; her evidence was accordingly expunged from courts record.

Furthermore, PW2, a Medical Doctor at Federal Medical Centre B/Kudu at page 7 of the record testified as follows:

“On 2/7/2012 around 3:00pm while I was on duty with the Medical Emergency when one police officer brought the PW1, one Hauwa Magaji with the complaint that the PW1 was raped by a 28 years old man a neighbour to their house, about 9 days earlier on when I examined the PW1 I found her a young looking girl in painful distress.

Importantly, the PW2 continued:

Further examination reveals the hymen was absent no evidence of bleeding and smear of the phenomena semen, but there was tenderness around the vagina. After examining her the PW1 was tested for HIV and hypothesis, but was found to be negative. Because of the tenderness the PW1 was placed on analgestic.