previous charge sheet the effect of the amended charge filed on
9th/1/2024 is to render previous charge filed on 10th/6/2022 irrelevant
it is no doubt section 215 of the ACJL 2019 of sokoto state empowers a
court to alter amend or add to any charge in criminal case at any time
before judgment is given in the case the amended charge shall replace
the original and should be read and explained to the defendant as the
new charge see UGURU V STATE (2002) 9 NWLR (pt 771) 90, PML
(NIG) LTD V FRN (2017) LPELR 43480 (SC).
Let me reiterate the long term position of the law by saying that
whether or not the prosecution has proved its case beyond reasonable
doubt against the defendant as required by law, is a question of
evidence and the application of the law to the evidence adduced by the
prosecution before a trial court, PW4 who is the victim of the offence
and who testified before this court, after this court is satisfied that she
is competent to give evidence because she appeared to appreciate the
essence of telling the truth and rational answers to the questions put to
her during this court’s preliminary investigation, testifies as follows;
“ I know the defendant, I also know his name, his name is Wadata
Dan Umma. I can remember on 8th/8/2020 I went to the bush to cut
grasses, the defendant attacked me, he ran towards me, he pushed me
to the ground he removed my wrapper, he also removed my pant, he
removed his penis, and put inside my vagina he also had sexual
intercourse with me in fact he rape me through my vagina and my
anus, he left me their and I manage to take my things and went home
to my parents house, I told my parent all what happened my father
went to civil defence and lodge complaint-------“.
Page 14 of 22