The State V. Muhammed Masiga (Tsolo) (2017)

LAWGLOBAL HUB Lead Judgment Report

SIDI DAUDA BAGE, J.S.C.

This is an appeal against the Judgment of the Court of Appeal, Kaduna Division in criminal appeal no CA/K/160/C/2012 delivered on the 20th December, 2012 by which said Judgment, the Court set aside the conviction and sentence passed on the Respondent by the High Court of Jigawa State sitting in Hadejia.

SUMMARY OF FACTS

The brief facts of the case are that the Appellant on 16th day of March, 2010 at Yelleman Hausawa Village in Kaugama Local Government Area of Jigawa State was alleged to have had an unlawful sexual intercourse in an uncompleted building with one Amina Salihu a girl aged ten years who was an imbecile by luring her with sweets.

The trial Court in its Judgment delivered on 13th March, 2012 found the respondent guilty and sentence him to a fine of #20,000.00 (Twenty Thousand Naira) only or 6 years imprisonment for the offence of rape and #10,000.00 (Ten Thousand Naira) only on the offence of attempt to escape from lawful custody or 3 years imprisonment.

The Respondent having not been satisfied with the Judgment of the trial Court above, appealed to the

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Court of Appeal sitting in Kaduna. In its Judgment, the lower Court set aside the decision of the trial Court, discharged and acquitted the Respondent.

This appeal is against that Judgment. In accordance with the Rules of this Court, briefs were filed and exchanged by parties. The Appellant’s brief was settled by one Yakubu A. H. Ruba. Esq., and filed on the 14th August, 2013.

The Respondent brief of argument was however settled by one Mustapha Bulama Esq., and filed on the 2nd October, 2013.

For the determination of this appeal, Learned Counsel for the Appellant formulated 3 issues and urged the Court to allow the appeal.

“1. Whether the Court below was right to have set aside the Judgment of the lower trial Court having regard to the fact that the Respondent was convicted based on his confessional statement (Grounds I and II).

2. Whether the lower Court was right to have held that the retracted confessional statement of accused/respondent did not pass the test that could have elevated it to a confessional statement.
3. Whether the lower Court was right to have held that the lower trial Court neither considered the defence put forward

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by the accused or evaluate the evidence of the prosecution.”