HABIBU MUSA VS THE STATE

CORAM

PARTIES

HABIBU MUSA APPELLANTS

THE STATE RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

SUMMARY OF FACTS
The appellant was alleged to have raped a five-year-old girl. He confessed to the commission of the offence but denied making the statement when it was admitted in evidence at the trial court. He was convicted at the trial court and thus appealed to the Court of Appeal which upheld the decision of the trial court. He was dissatisfied and he further appealed to the Supreme Court.

HELD

Appeal dismissed

ISSUES

Whether the learned majority justices of the Court of Appeal was not in error when they held that there was evidence before the trial court to justify the conviction of the appellant for the offence of rape. Whether the learned majority justices of the Court of Appeal were right in relying on Exhibit A (that is the alleged confessional statement of the appellant) in upholding the judgment of the trial court. Whether the learned majority of justices of the Court of Appeal were right in upholding the judgment and sentence passed on the appellant by the trial court when the evidence adduced at the trial has no relationship whatsoever with the charge before the trial court. Whether the learned majority of justices of the Court of Appeal were right in upholding the conviction and sentence passed on the appellant by the trial court when the evidence of the prosecutrix (PW1) was not in any way corroborated.

RATIONES DECIDENDI

CASES CITED

Sule v. State (2009) 17 NWLR (pt. 1169) 33 at 60 Sc|Egboghonome v. State (1993) 7 NWLR (PT. 306) 383 at 419 – 420|Nsofor v. State (2004) 18 NWLR (pt. 905) 292 at 310 – 311|Dawa v. (1980) 8- 11 SC 236 at 267 – 168|R v. Sykes (1913) 8 CARAppeal Report 233

STATUTES REFERRED TO

NONE|

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