Requirements of the Law in Establishing the Offence of Sodomy

CASE TITLE: SULEIMAN v. STATE (2023) LPELR-60049(CA)

JUDGMENT DATE: 17TH MARCH, 2023

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: ITA GEORGE MBABA, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This criminal appeal borders on the offence of sodomy.

FACTS:

This appeal is against the decision of Jigawa State High Court in Suit No. JDU/337/C/2020, delivered on 21st June, 2021, wherein the learned trial Court convicted the Appellant for offence of sodomy, contrary to Section 284(1) of the Penal Code and sentenced him to Life Imprisonment, pursuant to Section 284(2) of the Penal Code Law of Jigawa State, 2014.

At the High Court, the appellant as accused person, was charged as follows:

“That you Sabi’u Suleiman “M” of Zango Quarters, Kiyawa, Kiyawa Local Government Area of Jigawa State on or about 19th day of June, 2019 at Kiyawa Local Government within the Judicial Division committed an illegal act to wit: you deceitfully lured and have (sic) anal intercourse with one Isah Amadu a boy of 15 years of age, and you thereby committed the offence of sodomy contrary to Section 284(1) of the Penal Code (Miscellaneous Amended) Laws of Jigawa State, 2014 and punishable under Section 284(2) of the same Code.”

On being arraigned, the appellant pleaded not guilty to the charge. The High Court, after considering the evidence and addresses of Counsel, convicted Appellant and sentenced him, accordingly.

Dissatisfied with the decision, the appellant appealed to the Court of Appeal.

ISSUES:

The Court of Appeal determined the appeal on a sole issue which is:

Did the Respondent establish the charge of sodomy against the Appellant, to lie the conviction and sentence of the Appellant?

 DECISION/HELD:

In conclusion, the Court of Appeal dismissed the appeal.

RATIOS:

• CRIMINAL LAW AND PROCEDURE – OFFENCE OF SODOMY: Whether corroboration is statutorily required to prove the offence of sodomy
• CRIMINAL LAW AND PROCEDURE – OFFENCE OF SODOMY: Statutory provision of the offence of sodomy; ingredients the prosecution must prove to secure a conviction for the offence
• CRIMINAL LAW AND PROCEDURE – CHARGE(S): Whether failure to state the precise date of commission of crime in a charge is fatal to the case of the prosecution
• EVIDENCE – MEDICAL EVIDENCE: Whether a trained nursing officer is capable of examining a victim of rape and issuing a medical report in respect of such examination