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PC. SALISU MAMUDA v. THE STATE

(2019) LPELR-46343(SC)

In The Supreme Court of Nigeria

On Friday, the 11th day of January, 2019

SC.225/2015


Before Their Lordships

WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria

MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria

KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria

JOHN INYANG OKORO Justice of The Supreme Court of Nigeria

CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria


Between

PC. SALISU MAMUDA - Appellant(s)

AND

THE STATE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Criminal Law and Procedure.
FACTS:
This is an appeal against the decision of the Court of Appeal sitting in Kaduna.

The appellant who was arraigned and charged along with five others inter-alia for rape contrary to Section 283 of the Penal Code law at the Kano State High Court, was found guilty under the 11th, 12th and 13th heads of charge for raping one Hindatu Sani on the 26th, 27th and 28 of October 2010 respectively. 

On conviction, he was sentenced to seven years imprisonment and a N50, 000.00k (fifty thousand naira) fine for each of the head of the three count charge. In default of the payment of the fine, a six month term of imprisonment was to be served for each head of the charge. The imprisonment terms were ordered to run concurrently.

Dissatisfied, the appellant appealed to the Court of Appeal, Kaduna Division, on a notice containing five grounds filed on the 25th June 2012. The appeal was dismissed by the Court of Appeal.

Further dissatisfied, the Appellant appealed  to the Supreme Court.

ISSUES:
The court determined the appeal on these issues couched as follows:

APPELLANT'S ISSUES
i. Whether in view of the totality of facts and circumstances of this case and the evidence properly before the trial Court, the Court below was right when it confirm the decision of the trial Court.
ii. Whether the contradictions in the prosecution witnesses testimonies is not material and fundamental to render their evidence unreliable and without probative value. 
iii. Whether the Lower Appellate Court was right in its findings that there was no breach to the Appellant's right to fair hearing in the conduct of the entire proceedings. 

RESPONDENT'S ISSUES
1. Whether the Court below was right to have affirmed the decision of the trial lower Court that the Respondent has proved its case beyond reasonable doubt.
2. Whether the Court below was right to have affirmed the decision of the trial lower Court that there was no material contradiction in the respondent's case.
3. Whether the Court below was right to have held that the appellant's right to fair hearing has not been breached.

DECISION/HELD:
On the whole, the Court found no merit in the appeal and accordingly dismissed same.


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