Why court dismissed case of 14-year-old raped in Jigawa, others – Commissioner
By: Ahmed Aminu, Dutse
The Jigawa State Attorney General and Commissioner of Justice, Bello Abdulkadir Fanini, has explained why a state High Court dismissed the rape case of 14-year-old, and another on armed robbery.
He told newsmen in Dutse that the parents of the girl turned hostile and refused to testify, while the robbery suspects were granted bail in an usual circumstances, and had since jumped bail.
Fanini however said in both cases, the judges had to adjourn five times to give the prosecution time to do the needful.
He explained that the rape of the 14-year-old girl happened in 2022, and the parents of the victim logged complaint with the police.
“Unfortunately when the case came up for hearing, the parents refused to appear in court to testify on the reason that the girl has got a suitor and their appearance may tarnish the family’s and the girl’s image.
“They said if they appear for the victim, the issue may negatively affect the marriage preparations as the suitor may change his mind.
“They were part of our witnesses. We did all our best, we pleaded with them, we even involved traditional leaders to convince them to agree to testify, but to no avail.”
According to him, the Administration of Criminals Justice Law (ACJA) gives judges power to strike out a case that prosecution failed to present witnesses within five adjournments.
With regards to the armed robbery case, the Attorney General said “the prosecution was prepared and ready, but the accused persons failed to appear because they jumped bail granted by the court. We did all our best to get them back to court, but up to the expirations of the five adjournment we couldn’t succeed”.
He wondered why the court granted the accused bail in a criminal case involving armed robbery.
“I wonder how and which process and conditions the court followed to grant bail to an accused in a criminal case, armed robbery for that matter, and the accused has now jumped bail and can not be found.”
Finini said even though bail is the right of an accused and given at the discretion of judges, that discretion should be exercised judicially.
“Under this situation, we have hundreds of cases in the ministry of justice that we are still looking for the dependents whom were granted bail. It calls for concern”.
The justice commissioner said to avoid such situation, Governor Umar Namadi has set up a committee to address the lapses.
“Due to these and other internal issues, inline with His excellency Governor Malam Umar Namadi efforts to protect the lives, properties and integrity of the people, he has discussed with the Chief Judge of the state and also constituted an inter-arm of government committee headed by the chief judge and grand Khadi with me as member.
He said part of the committee’s terms of reference is to look at the laws and practices, and the implementation of the laws and see its effectiveness.
“Where the judiciary has one issue or the other, the chief judge as the head of judiciary would look at that and handle it. Where the problem is from the prosecution or police investigation, the executive would take care of that.
“The committee has since been inaugurated by the governor and given three weeks to submit its report,” Fanini said.
