CaseLaw
Musa Vs. State (2013) CLR 3(b) (SC)
Judgement delivered on February 8th 2013
Brief
Facts
This is a case of rape. The undisputed facts as ascertained by the courts below show that in March 2004 in Kano, Fatima Muntari, a 5year old girl came home crying in distress. Her mother inquired from her what the matter was and there was no answer. She went to urinate and had difficulty and in the process of washing her up her mother saw semen in her pant and body. A report was made to the police and the victim was taken to the Muritala Mohammed Specialist Hospital, Kano where Dr. Muhammad Awwal, a senior consultant gynecologist examined Fatima. He issued a medical report which confirmed that the girl was raped and her hymen missing and concluded that there was possible genital manipulation with genital infection.
Fatima fingered Habibu Musa (appellant) as the person who assaulted and raped her, Habibu was arrested and during investigation he confessed that he could remember over three months before, that he took Fatima to Rama House and had sex with her. Also that on the 27/3/04 at about 17 hours he took her to the same Rama house and had sex with her.
At the High Court, the appellant denied making the statement which was admitted in evidence. The trial Judge heard from prosecution witnesses. The appellant testified in his own defence. The court considered the evidence and convicted the appellant sentencing him to 14 years imprisonment.
Dissatisfied, the appellant appealed to the Kaduna Division of the Court of Appeal which by a majority judgment of two to one dismissed the appeal and affirmed the decision and orders of the trial High Court, Once more dissatisfied, the appellant has come before this court on five grounds of appeal.