Sani Abdullahi & Ors. V. The State (2009)

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JIMI OLUKAYODE BADA J.C.A.

This is an appeal against the Judgment of High court of Niger State of Nigeria in Suleja Judicial Division in charge No NSHC: SD/1C/07 -The State vs Sani Abdullahi and 2 others delivered on the 31st day of July 2007.

The Appellants were arraigned before the lower court on a three count charge as follows:-

“Count One

That you Sani Abdullahi, Abdullahi Black and Hussaini Danjuma on or about the 31st May 2006 at Suleja within the Jurisdiction of this Honurable Court carried away one Binta Garba from the room of her boy Friend Abubakar Isah at Bakin Kasuwa at about 1.00am under the pretext that you were policemen, to one Yangongon area, behind I.B.B. Market, Suleja, you each had sexual intercourse with her one after the other against her will and against her consent, you thereby commit (sic)an offence contrary to Section 283 of the Penal Code to be read together with Section 79 of Penal Code.

Count Two

That you Sani Abdullahi,SaniAbdulahi Black and Hussaini Danjuma on or about the 31st May 2005 at Suleja within the Jursidiction of this Honurable Court beat up Abubakar lsah inflicting injuries on him while carrying away his girlfriend from him at her Bakin Kasuwa residence to be raped, you thereby commit(sic) an offence contrary to Section 265 of Penal Code.

Count Three

That you SaniAbdullahi, SaniAbdullahi (Black) and Hussaini Danjuma on or about the 31st May 2006 at Suleja within the Jurisdiction of this Honurable Court forced one Abubakar Isah to give you N600 when you brought back his girl friend, Binta Garba to him after you raped her, the N600, was given to you, thereby commit (sic) an offence contrary to section 294 of the Panel Code.”

At the trial the prosecution called two witnesses while the three accused persons testified in their own defence.

The learned Trial Judge at the conclusion of hearing, convicted the three accused persons/appellants. Each of the accused persons were sentenced to five (5) years imprisonment on 1st Count and three (3) months imprisonment on 2nd Count all without an option of fine.

The sentences were to run concurrently.

Dissatisfied with the said Judgment of the Lower Court, the Appellants therefore appealed to this court.

The Learned Counsel for the Appellants formulated three issues for determination as follows:-