Saminu Idi V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Leading Judgment)

The appellant was arraigned on a one count charge before the Kano State High Court (the lower Court) for committing the offence of rape under Section 282(1) of the Penal Code. The prosecution called 6 witnesses and tendered 2 exhibits to prove the charge as the appellant. The appellant testified in his defence, but called no other witness. The prosecution and the defence filled written addresses which were adopted by learned counsel accordingly.

The lower Court delivered its judgment on the 25th of October 2013, wherein the appellant was found guilty, convicted and sentenced to a term of 12 years imprisonment with hard labour under Section 283 of the Penal Code. Dissatisfied with the conviction and sentence, the appellant filed Notice and grounds of appeal on the 9th of December, 2013, to this Court.

The appellant?s brief of argument was filed on the 12th of February, 2014. The respondent’s brief of argument was deemed filed on the 6th of July, 2015. The appeal was argued on the 14th of March, 2016. The appellant formulated 4 issues for determination on page 5 of his brief of argument.

1

The respondent formulated 2 issues on page 3 of its brief of argument. In resolving the issues formulated in the briefs of argument which would determine the appeal, the Court can either adopt same or reframe or even formulate new issues, in the determination of the appeal. This is the law as enunciated in the case of FRN v. OBEGOLU (2006) 18 NWLR (Pt. 1010) P. 188 at 225 where it was held that after examining the issues for determination by the parties to an appeal, it is the duty of the Appellate Court to either adopt those in the briefs of argument or formulate new ones which it believes would determine the real complaint or grievance in the appeal. See also ADAKU V. ADIEH (1994) 5 NWLR (Pt. 346) P. 582 and IKEKWUHA V. OHAWUCHIN (1996) 3 NWLR (Pt. 435) P. 146.

After a dispassionate analysis of the issues for determination as contained in the respective brief of argument of the appellant and the respondent, same are compressed hereunder thus:

“WHETHER THE PROSECUTION ADDUCED CREDIBLE EVIDENCE PROVING THE COMMISSION OF THE OFFENCE OF RAPE BY THE APPELLANT UNDER SECTION 282(1) OF THE PENAL CODE BEYOND REASONABLE DOUBT AS REQUIRED BY LAW.?<br< p=””

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2

Section 282(1) of the Penal Code (amended) provides as follows:

“282(1) A man is said to commit rape who, save in the case referred to in Subsection (2), has sexual intercourse with a woman in any of the following circumstance –

(a) Against her will;

(b) Without her consent;