Position of the Law as Regards Taking the Evidence of a Child Under 14 Years

CASE TITLE: ADAMU v. STATE (2024) LPELR-62766(CA)
JUDGMENT DATE: 19TH JULY, 2024
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: MUHAMMED LAWAL SHUAIBU, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Criminal Law and Procedure.

FACTS:

This appeal is against the judgment of the High Court of Jigawa State sitting at Gumel delivered by Hon. Justice Mohammed Musa Kaugama on 14th June 2022.

The appellant sometime in June 2020 lured a child of 8 years into an uncompleted building and had sexual intercourse with her.

​At the trial, the prosecution called its witnesses including the prosecutor, her mother, her neighbor, and the police investigating officer who tendered the appellant’s extra-judicial statement. The medical report was also tendered with evidence. The appellant on his part, testified as DW1 but called no other witness.

At the close of trial, the learned trial judge in a reserved but considered judgment found the appellant guilty, convicting the appellant for the offence of rape.

Dissatisfied with the judgment of the trial Court, the appellant appealed against same.

ISSUE(S) FOR DETERMINATION:

The Court adopted the issue formulated by the appellant in the termination of the appeal, thus:

“Whether having regard to the totality of the evidence before the trial Court, the trial Court was right when it held that the prosecution has proved its case beyond reasonable doubt against the Appellant.”

DECISION/HELD:

In the final analysis, the appeal was dismissed and the judgment of the trial Court was affirmed.

RATIOS:

• CRIMINAL LAW AND PROCEDURE- OFFENCE OF RAPE: Ingredients the prosecution must prove to succeed in a charge of rape
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF RAPE: Meaning of penetration
• EVIDENCE- COMPETENCE OF A CHILD: Position of the law as regards taking the evidence of a child under 14 years
• EVIDENCE- CORROBORATION/CORROBORATIVE EVIDENCE: Meaning of corroboration/corroborative evidence; whether corroborative evidence must always consist of direct evidence
• EVIDENCE- CORROBORATION/CORROBORATIVE EVIDENCE: What amounts to corroborative evidence
• EVIDENCE- MEDICAL EVIDENCE: Whether medical evidence is essential in all cases of rape

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