Mesara Ayuba v. The State (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

JUMMAI HANNATU SANKEY, JSC (Delivering the leading judgment)

This appeal is against the judgment of the Court of Appeal delivered on 8th October, 2021, wherein the court below affirmed the conviction of the appellant by the trial court.

The court however set aside the sentence imposed on him of seven years imprisonment without an option of fine, as well as ten strokes of cane on ten market days. In its stead, the court below imposed a sentence of life imprisonment on the appellant.

Succinctly, the facts of the case leading to the appeal are as follows: the appellant, alongside three others, stood trial before the trial court for the offence of rape contrary to section 282(1) (e) of the Penal Code, Cap. P3, Laws of Jigawa State, 2012 and punishable under section 283 of the Penal Code (Miscellaneous Amendment) Law of Jigawa State, No. 9 of 2014.

The allegation in the second count of the charge which pertained to the appellant, alleged that the appellant had carnal knowledge of one Usaina Nuhu, a 12- year-old girl, sometime in June, 2018 at Kila Town in Gwaram Local Government Area of Jigawa State.

The appellant pleaded not guilty to the charge, thus setting the stage for a full trial. The prosecution adduced evidence through six witnesses and tendered eight exhibits. Thereafter, the appellant entered his defence, wherein he testified and adduced evidence through one other witness.

Following the conclusion of hearing, the trial court delivered its judgment in which the appellant was found guilty of the offence of rape, as charged. He was convicted and sentenced to seven years imprisonment without an option of fine. He was also ordered to be given ten lashes of the cane on ten market days.

Dissatisfied with his conviction and sentence, the appellant appealed to the Court of Appeal vide a notice of appeal filed on 17-12-2019, wherein he complained on three grounds. The respondent also cross-appealed on the nature of sentence awarded the appellant.

The court below, after hearing both parties vide their briefs of argument, delivered its judgment on both the appeal and cross-appeal on 08-10-2021. Therein, the court dismissed the appeal and affirmed the conviction of the appellant. However, it allowed the cross-appeal and set aside the sentence of seven years imprisonment. In its stead, it imposed a sentence of life imprisonment on the appellant.

Displeased with the decision of the Court of Appeal, the appellant has appealed to this court vide a notice of appeal filed on 08-11-2021, wherein he again complained on three grounds. He urged the court to allow the appeal, set aside the decision of the court below and substitute it with an order of discharge and acquittal in his favour.

The appeal was heard on 7th March, 2024 at which time both learned counsel for the appellant and the respondent adopted their respective briefs of argument. They urged the court in line with the prayers contained in their briefs of argument.

The appellant, in his brief of argument filed on 28-04-2022, but deemed properly filed and served on 07-03-2024, distilled the following three issues for determination:

1. “Whether the prosecution proved the offence of rape against the appellant beyond reasonable doubt in view of the defects in exhibits P2A and P2B. (Ground 1)
2. Whether the arraignment, trial and conviction of the appellant was fraught with irregularity and lack of fair hearing. (Ground 2)
3. Whether the lower court was right in upgrading the sentence imposed by the trial court to a sentence of life Imprisonment. (Ground 3)”

The respondent, on its part, distilled the following two issues for determination:

1. “Whether the court below was correct when it upheld the trial court’s finding that the prosecution successfully proved the offence of rape against the appellant beyond reasonable doubt. (Grounds 1 and 2)
2. Whether the court below was right when it set aside the 7 years imprisonment sentence imposed by the trial court on the appellant and instead imposed and sentenced the appellant to life imprisonment pursuant to the mandatory provisions of section 283 of the Penal Code (Miscellaneous Amendment) Law, No. 9 of 2014. (Ground 3).”

From a proper scrutiny of the issues submitted for determination by both parties, I adopt the issues crafted by the respondent which I consider apt for the resolution of the appeal.