Moshood Ahmed V. The State (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE O. AWOTOYE, J.C.A. (Delivering the Leading Judgment)

This is the judgment in respect of the appeal filed by the appellant on 30/5/2014 against the decision of the High Court of Justice Sokoto sitting at Bodinga which was delivered on 7/5/2014.

The accused/appellant was arraigned before the Court below on a charge which read as follows:-

“CHARGE

That you Mashood Ahmed on or about the 16th day of November, 2013 at about 1700 hours at Sokoto Guest INN Quarters of Wamakko Local Government Area of Sokoto State in Sokoto Judicial Division committed the offence of Rape to wit: you forcefully dragged one Hamida Aliyu aged 13 into the Bathroom and raped her and thereby committed an offence punishable under Section 283 of the Penal Code”

The charge was read and explained to the accused who pleaded not guilty. The prosecution then called witness who gave evidence in support of prosecutions case. The accused later gave evidence in his own defence. The Lower Court, after hearing both sides, held that the prosecution had proved its case and sentenced the accused to a term of 6 years imprisonment with effect from 18/11/2013 when he was first remanded in custody.

Dissatisfied with the decision of the Lower Court, the accused now appellant filed Notice of Appeal containing 2 grounds of appeal.

The grounds of appeal (shorn of the particulars) read thus

“GROUND 1

The learned trial Judge erred in law when he held that he was satisfied that the prosecution proves (sic) beyond reasonable doubt the guilty (sic) of the appellant for the offence of rape.

GROUND 2

The learned trial Judge erred in law when he believed the evidence of the prosecution analysed it and relied on it to find the appellant guilty without applying the same parameter to the evidence of the appellant.”

The record of this appeal was transmitted to this court on 24/9/2014 but deemed duly compiled and transmitted on 2/2/2015.

On 6/3/2015, the appellant’s brief of argument settled by his counsel Muhammed Adeleke was filed.