done. The right to fair hearing is a fundamental constitutional right guaranteed by
Section 36(1) of the 1999 Constitution; any breach of it particularly in trials
renders same null and void." Per YAKUBU, J.C.A. (Pp. 11-12, Paras. B-A) (...read in
context)
TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): This appeal is
sequel to the judgment of D. O. Oko, J., of the Ebonyi State High Court of Justice,
holden at Abakaliki, delivered on 23rd September, 2016. It was a trial by the Judge
as Chairman and a jury of two assessors/members. The charge against the
appellant, bordered on the offence of rape on a minor aged thirteen (13) years
anchored on Section 34(1) & (2) of the Ebonyi State Child Rights and Related
Matters Law, 2010.
On 20/2/2015, at about 8.00pm., one Ezinne Ukpai (the 13 year old prosecutrix
and victim of the alleged crime) was returning from an evening market at Ezi
Ukpai, Amangwu Edda in Afikpo South Local Government Area of Ebonyi State.
The prosecutrix met the Appellant on the way close to his house. The Appellant
forcefully dragged the prosecutrix into his said house, tied her hands. He later
untied her hands and had carnal knowledge of her thrice. The prosecutrix
remained in the Appellants grip and captivity until the night of 21/2/2015 when
the Appellant had a visitor (in the same night) who knocked at the Appellants
door. The latter went to the door and opened same for the visitor. The
prosecutrix, in her stack nudity quickly escaped through the open door and ran to
the house of her aunt one Patience Oge who quickly provided a wrapper and food