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CaseLaw

Ahmed Vs. Nig. Navy (2010) CLR 3(X) (CA)

Judgement delivered on March 18th 2010

Brief

  • Right of accused to remain silent
  • Proof of crime
  • Burden of proof in criminal cases
  • Defences
  • Corroboration
  • Circumstantial evidence
  • Contradictions Offences
  • Rape
  • Tainted witness

Facts

The accused/appellant (Corporal Isah Ahmed 91 NA/32/4119) was charged before the lower court for defilement contrary to section 78 of the Armed Forces Act, Cap. A20, Laws of the Federation of Nigeria, 2004. The particulars of the offence state that he (accused/ appellant) at Abuja between February - March 2002 had carnal knowledge of Miss Ruth Waziri, a girl of 11 years of age and on several occasions.

On the 26th of July, 2005 the prosecution amended the charge to read that the alleged offence was committed between January 2004 - March 2005. The prosecution called 5 witnesses in all while the accused/appellant called 2 witnesses and testified for himself as DW 1. The two sides addressed the lower court extensively at the close of their respective cases and the matter was then adjourned for judgment and on the date for judgment found the accused/ appellant guilty and convicted him accordingly. Being dissatisfied the accused has appealed to this court.

Issues

Whether the prosecution proved its case against the appellant beyond...

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