Inspector Dantalle Mohammed V. Kano State (2018)
LAWGLOBAL HUB Lead Judgment Report
CHIMA CENTUS NWEZE, J.S.C.
The appellant herein, and five other persons, three of whom were reportedly at large, were charged with the offences of Conspiracy, Abduction and Rape, punishable under Sections 97 (1); 273 and 283 of the Penal Code, respectively.
Sequel to the not-guilty plea of the appellant, the matter went to trial. The respondent’s case was anchored on the testimonies of five witnesses, including the prosecutrix, Hindatu Sani, who testified as the PW5. The appellant’s attempt to scuttle his trial, through his no case Submission, having failed, he put up his defence. He was DW4.
Dissatisfied with the judgement of the lower Court, which affirmed the trial Court’s conviction of, and sentence on him, he has approached this Court entreating it to determine the narrow question “whether the testimony of PW5 is sufficiently corroborated by the testimony of other witnesses” The respondent adopted the said lone issue. Hence, the lone issue for the determination of this appeal is the question:
Whether the testimony of PW5 is sufficiently corroborated by the testimony of other witnesses
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ARGUMENTS ON THE ISSUE
APPELLANT’S SUBMISSIONS
At the hearing of this appeal on December 14, 2017, Henry Akunebu, learned counsel for the appellant, adopted and relied on the appellants brief of argument filed on November 6, 2015. In the said brief, an outline of the case was presented, starting with an overview of the testimony of PW5.
PW5, it was pointed out, testified that she was coming on a motorcycle from Unguwa Uku at 9pm. At Kofar Nassarawa roundabout, they saw the first and second accused persons beside their police vehicle. The second accused person was the appellant. At the instance of the motorcyclist, the PW5 alighted from the motorcycle and went off. The first accused person took the motorcycle and asked the PW5 to join the police vehicle to take her home.
Despite all protests, the first accused person took the PW5 in their vehicle to the Kwali Police Station housing Kwali Police Barracks. At the room, the first accused person asked her to sit down. As she sat down, he (the first accused person) locked her in the room. He later entreated her to eat the indomie which he bought. Her refusal to eat the said
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food prompted the first accused person’s threat to her.
Fully armed with a gun, he [the first accused person] slapped her, removed her veil, tearing her blouse in the process, and ravished her while she struggled with him. The ravishment resulted in her bleeding and stains on her body. The following morning, the first accused person called the third accused person who joined them in the room.
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