Mohamed Aboobakar Ibrahim v. Hon. Attorney General – CA NO: 191/2002-2002

In the case between Mohamed Aboobakar Ibrahim (Accused-Appellant) and the Hon. Attorney General, the court addressed whether it was lawful to convict the Accused-Appellant for “grave sexual abuse” under Section 365(b) of the Penal Code, when the original charge was for rape under Section 364(2)(e) without prior notice or a corresponding opportunity for defense. It was held that grave sexual abuse is not a lesser offence of rape, and that the amendment of the charge at the conclusion of the trial, without notice to the Accused-Appellant, constituted a serious irregularity and error of law. The principle reaffirmed was that an accused must be properly informed of the charge and allowed to defend against it, citing relevant statutes and precedents including CA 88/2002 and C.A. 122/2013. The j