Six witnesses testified for the prosecution including the mother of prosecutrix and
a medical Doctor.
The trial Court found the appellant guilty and convicted him. After considering the
allocutus the Judge proceeded to sentence the appellant to ten years
imprisonment commencing from the date of the commission of the offence
charged. The trial Court in addition imposed a fine of N10,000.00 on the appellant
and in default of payment of which he was to serve an additional one year jail
term.
The appellant, un-successfully appealed to the Court of Appeal Kaduna Division
herein called the Lower Court.In a unanimous decision of the Lower Court it
affirmed the decision of the trial Court and dismissed the appeal.
The appellant still aggrieved and filed a notice of appeal to the Supreme Court.
Briefs were duly filed and exchanged.
Both counsel, on behalf of their respective clients adopted their briefs of
argument. Two issues each were formulated by the two parties.
My learned brother Ogunbiyi JSC allowed me to have a preview before today of
the lead judgment. I entirely agree with her reasoning and reasons for dismissing
the appeal.
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