- Discharges suspect accused of kidnapping on grounds of insanity
The Jigawa High Court of Justice No. 6 sitting in Birnin Kudu Local Government, presided over by Honourable Justice Musa Ubale on 18th January 2022 delivered Judgment in the following cases:
1. A case of rape against one Musa Mu’azu from Birnin Kudu town charged with the offence of raping a 15-year-old girl.
The fact of the case was that, the defendant was seen coming out from an uncompleted building with the victim in a suspicious manner and upon inquiries by the person who saw the defendant with the victim, the defendant confessed to have taken the victim to the building and had illicit sexual intercourse with her. However, the defendant pleaded for the issue to be covered up. The case was reported to the police and investigation pursued. The defendant during police interrogation confessed to have committed the offence of rape but denied the charges on arraignment.
The prosecution in establishing the case called four (4) witnesses and tendered three exhibits, while the defendant testified in his defence.
Delivering the Judgment, Justice Musa Ubale held that the prosecution had proved their case beyond reasonable doubt, His Lordship thereby sentenced the defendant to life imprisonment for the offence of Rape.
2. A case of attempt of rape on a 7-year-old girl by one Haruna Ali from Yarma Village of Birnin Kudu Local Government.
The fact of the case was that, the defendant forcefully held the hand of the victim and dragged her to a nearby farm, removed her clothes and attempted to rape her. It was in an attempt of committing the offence of rape, the prosecution witness arrived at the scene of the crime.
The defendant in his extra judicial statement confessed to have attempted to have sexual intercourse with the 7-year-old girl. In proof of the case, the prosecution tendered medical report, which stated that there was no penetration as her hymen was intact and normal. The prosecution further called five (5) witnesses and two 2 exhibits and closed its case, while de defendant testified in his defence and closed his case. Honourale Justice Musa Ubale held that the prosecution had successfully proved the case of an attempt to commit rape beyond reasonable doubt thereby sentenced the defendant to Ten years (10) imprisonment without an option of fine for the attempt of rape.
3. A case of kidnapping of a 6-year-old boy against one Safiyanu Rabiu from Sara Town of Gwaram Local government.
The defendant was accused to have lured four (4) children (Siblings) who were his neighbors’ children with five (5) Naira notes to buy sweets for themselves and took away the fourth one to the house of a senior sister to the child’s mother and told her that the parent of the child had traveled. The defendant told the aunty of the victim of the crime that he will come back the following day and pick the child. The parent lodged complaint of missing child to the police.
The defendant later gave a phone call to the neighbor of the child and requested him to inform the parent that their son had been kidnapped and demanded ransom for N700,000.00 Seven Hundred Thousand Naira or their child will be killed. The defendant went further to tell the neighbor that he should also bringN1,000,000.00 One Million Naira or he will also be kidnapped and killed. The defendant was later arrested and on interrogation he confessed to have committed the crime.
In proving the case, the prosecution called seven (7) witnesses and tendered one (1) exhibits then closed its case. In his own defense the defendant called three (3) witnesses including a Medical officer from Kazaure Psychiatric hospital and tendered one (1) exhibits (medical certificate).
The court while delivering its judgment held that the prosecution had successfully proved their case however, the defendant was able to successfully raised and proved the defence of insanity at the time of committing the offence, the court thereby discharged and acquitted him.
4. In a separate case, on 17th January, 2022, the High Court of justice No. 2 sitting in Dutse presided over by Honourable Justice Abdulhadi Yalwa Suleiman has discharged and acquitted one Dan-Ubale Hassan who was arraigned for the offence of rape. Mr. Hassan was accused of defiling a 9-year-old girl in Taraya Village of Jahun Local Government Area. The prosecution had called witnesses including the prosecutrix and a Medical Officer and extra judicial statements of the defendant were tendered and admitted in evidence. On the part of the defendant, he testified by himself and closed his defence. The court found that the prosecution had failed to establish its case beyond reasonable and such the defendant was exonerated.
Zainab Baba Santali
Public Relations Officer, Jigawa State Ministry of justice.
21st January 2022.
