Before proceeding in this Judgment, I consider it very important to
make a very fundamental observation as regards the law under which
the Defendants were arraigned before this court.
In the first place, charge No. 3 which relates to causing grievous hurt
and which the prosecution says is punishable under Section 244(1) of
the Sokoto State Penal Code Law No. 4 of 2019, does not corresponds
with the name of the offence ascribed to the Section by the said Penal
Code itself, as the name of the offence ascribed to Section 244 of the
Sokoto State Penal Code Law No. 4 of 2019, is assault or Criminal
force on woman with intent to outrage modesty and has no subsection
(1) thereto. The Section of the Sokoto State Penal Code Law that
punishes causing grievous hurt that befits the facts as contained in the
said charge, is Section 223 of the said code and not Section 224 as
indicated by the prosecution in the said charge No. 3.
Secondly, in all the three (3) counts charges, 20th December, 2019 was
mentioned consistently as the date when the alleged three (3) offences
against the Defendants were said to have been committed, and since
the Sokoto State Penal Code Law No. 4 of 2019 was not in force as at
20th December, 2018, the Defendants cannot be charged under it as the
said Sokoto State Penal Code Law No. 4 of 2019 has no retrospective
effect.
It is a settled principle of law that the law applicable to a cause of
action, is the law in force at the time the cause of action arose and not
the law existing at the time the jurisdiction of the court is invoked – Per
Kekere-Ekun JSC.
- Zubairu V. Kolawole (2019) 3 WRN 51 at 68
lines 10-15.
- Adah V. NYSC (2004) 34 WRN 1
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