about his conviction. Should we also assume, as alleged by the Appellant, that the Chief Magistrate is also from the North or had connived with the Prosecutor to ensure that the Appellant is found guilty of the charge? I very much doubt it. But because of all this one can see that the Appellant is not a man who should be taken seriously in his evidence. What he has submitted has no bases at all and he has not demonstrated where some of his accusations are grounded. I need to mention lastly that the appellant’s original appeal only covered the issues of the sentence being excessive. However, the court felt that there would be no harm to allow the appellant to adduce additional areas of appeal in court. The court has dealt with all the material issues and at the close of the day find that the conviction must be confirmed. On the sentence being excessive, this court holds a different view. Indeed there are aggravating circumstances in the case. It was reported that the complainant suffered swollen cervix and had contracted sexually transmitted infections as a result. Again the fact that the complainant had been sexually abused on several occasions is an aggravating circumstance. In the case of Joseph Ndubuisi Nwangu, Nyirenda, J. (as he then was) considered a sentence of 13 years to be appropriate where the child had been defiled several times by the appellant. In the circumstances a sentence of 8 years for repeated acts of sexual abuse is not excessive. I must find therefore that the appeal must fail entirely. MADE in Court this 3rd day of September, 2008. 13

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