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Ade Adesomoju, Abuja
The Supreme Court has affirmed the conviction and four years imprisonment passed on a soldier, Corporal Isah Ahmed, by a General Court Martial for defiling an 11-year-old girl.
A five-man panel of the apex court last Friday unanimously held that the General Court Martial was right to sentence Ahmed to four years imprisonment.
In the lead judgment, written by Justice kudirat Kekekere-Ekun, the apex court also affirmed the judgment of the Court of Appeal, Abuja Division, dismissing the appeal filed by Ahmed against the court martial’s judgment.
In its judgment, the Supreme Court agreed with the court martial and the Court of Appeal that the prosecution proved its case of defilement against the appellant (Ahmed).
Justice Kekere-Ekun ruled, “I am of the view that the lower court (Court of Appeal) was right when it affirmed the decision of the General Court Marshal that the prosecution had proved its case against the appellant beyond reasonable doubt.
“Furthermore, so long as a person has carnal knowledge of a girl under the age of 16, whether it is with her consent or not, an offence is committed.
“No special grounds have been shown by the appellant to warrant interference by this court with the concurrent findings of fact by the two lower courts.
“I therefore hold that the appeal lacks merit. It is accordingly dismissed. The judgment of the Court of Appeal, Abuja division on March 18, 2010 affirming the conviction and sentence of the appellant to a term of four years imprisonment by the General Court Marshal is hereby affirmed.”
Other members of the panel, Justices Olabode Rhodes-Vivour, Nwali Sylvester Ngwuta, Musa Dattijo Muhammad and Amiru Sanusi agreed with the lead judgment and dismissed the appeal.
The appeal filed by Ahmed, who was of the Nigerian Army Headquarters Garrison, was numbered, SC/223/2013.
The convict was arraigned before the GCM in 2005, on one count of defilement contrary to Section 78 of the Armed Forces Act CAP A 20 Laws of the Federation of Nigeria 2004.
He was said to have had carnal knowledge of the 11-year old (name withheld) between January 4 and March 5, 2005.
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