the appellant was convicted on 9th January, 1996 for rape of a teenage girl under
section 282(1)(e) of the Penal Code Law Cap 89 Laws of Northern Nigeria as
applicable in Adamawa State. He was consequently sentenced to five years
imprisonment without option of fine. In addition he was fined N5,000.00 or two
years imprisonment in default all under Section 283 of the same law. Thomas J,
has this to say:"In the judicial analysis, I hold the view that the defence of the accused person is
so hallow (sic) as the prosecution's evidence is so overwhelming against the
accused person and I am satisfied that the charge of rape has been established
beyond reasonable doubt. I find you guilty of rape of teenage girl contrary to
Section 282(1)(e) of the Penal Code which is punishable under Section 283 of the
Penal Code."
Being dissatisfied with the judgment handed down by the High Court hereinafter
referred to as trial court the appellant went on appeal before us and supported it
with four grounds of appeal as follows:
1. The conviction of the appellant is unreasonable and unwarranted and cannot
be supported having regard to the evidence.
2. The learned trial Judge erred in law when he found in his judgment at page 39
lines 24-27 and consequently reached a wrong conclusion.
"I am satisfied that the evidence of PW5 and her contemporaneous recording of
her observations in exhibit 1 is sufficient corroboration of rape as described by
the prosecutrix in her evidence before me." Particulars supplied.
3. The learned trial Judge erred in law when he convicted the appellant despite
the material contradictions in the evidence of the prosecution witnesses and
when he proceeded to use his personal knowledge to resolve the contradiction.