Bala Ibrahim
Kano Court of Appeal on Monday Upholds judgment against one Mesara Ayuba and Abdurrahman Musa accused to have raped an 8 year old girl in Jigawa state.
Presiding Judge, Justice Abubakar Muazu Lamido upheld the judgment of High Court of Justice Jigawa State and replaces 7 year sentence to life imprisonment.
The decision of the High Court was earlier delivered on 24th September, 2019 by Hounourable Justice Ahmed Isah Gumel (retired).
The court found the accused persons guilty of the offence of Rape punishable under Section 283 of the Penal Code (Miscellaneous Amendment) Law No 9, 2014, and were sentenced to 7years imprisonment with ten (10) strokes of cane for ten (10) market days.
Both the Appellants and the Respondent (Jigawa State Ministry of Justice) were dissatisfied with the decision.
The Appellants appealed against the entire judgment and the Respondent cross appealed on the sentencing.
Counsel to the Appellant was Chief Uche F. Ewule Esq and Respondent’s Counsel was the Honourable Attorney-General of Jigawa State Dr. Musa Adamu Aliyu.
In a well-considered judgment, the Court of Appeal through lead decision of Hon. Justice Abubakar Muazu Lamido dismissed the main appeals and affirmed the convictions made by the trial court.
However, the Court allowed the Cross Appeals and set aside the sentencing of 7years imprisonment with ten (10) strokes of cane for ten (10) market days with life imprisonment.
The Court opined that sentencing for the offence of rape in Jigawa State under Section 283 of the Penal Code (Miscellaneous Amendment) Law No 9, 2014 is mandatory.
And no court in Jigawa State has power to reduce the sentencing where the victim’s age is below 14 years.
