JIGAWA HIGH COURT SENTENCES HIV RAPIST TO LIFE IMPRISONMENT FOR DEFILING 6-YEAR-OLD SISTER IN-LAW, DISCHARGES ANOTHER CHARGE FOR CULPABLE HOMICIDE
The Jigawa High Court of Justice sitting at Birnin Kudu Local Government division presided by Honourable Justice Musa Ubale delivered judgment of two cases on 5th October 2021, against one Idris Munkaila (alias Dan asabe) of Gwaram Local Government, found guilty for the offence of Rape and was Sentenced to life imprisonment, punishable under Section 283 of the Penal Code Law of Jigawa State. The Court had also Discharged and acquitted Abubakar Garba from Buji local government, arraigned for the offence of Culpable Homicide punishable under Section 221 (b) of the Penal Code Laws of Jigawa State 2012.
In the first judgment, the case against defendant (Idris Munkaila alias Dan asabe) was that, on 26th of June 2017 at Sara Town of Gwaram Local Government Area of Jigawa State, the defendant lured a girl of 6-year-old (name withheld) and had sexual intercourse with her. Mr. Munkaila warned the prosecutrix not to tell anyone. Few days later, the mother to the victim observed that there was a whitish discharge coming from the private part of the victim. Upon enquiry the victim told her mother that it was the defendant who had sexual intercourse with her.
Evidence before the court reveals that the defendant previously had extra marital affair with the sister of the prosecutrix when she was about to get married to her suitor and during pre-marital HIV test, she was discovered to be HIV positive. The sister of the prosecutrix informed her parents that it was the defendant who infected her with the HIV. The marriage was cancelled and the sister of the prosecutrix was married to the defendant based on arrangement by their families.
However, the mother of the prosecutrix having known the defendant’s HIV status, she took her 6-year-old daughter to the hospital for medical test. The defendant was later arrested and charged to Court for the offence of rape.
In proof of the case the prosecution called five (5) witnesses, and tendered two (2) exhibits and the defendant testified for himself. Both counsel to the parties addressed court. Hon Justice Musa Ubale found tha the prosecution had proved its case beyond reasonable doubt, thereby convicted the defendant and sentenced him to life imprisonment as provided under the Jigawa State Penal Code Miscellaneous Amendment, 2014.
In another judgment, Honourable Justice Musa Ubale has discharged and acquitted one Abubakar Garba from Maduba Fulani Settlement of Buji Local Government, arraigned for the offence of Culpable Homicide punishable with death under Section 221 (b) of the Penal Code Laws of Jigawa State 2012.
The facts of the case were that, in the year 2018, the defendant was said to have used an axed and caused serious injury to one Abubakar Juli (deceased) which led to his death. The deceased was said to have hailed from the same community with the defendant. The defendant was arrested and charge to court, but he denied the charge.
In prove of the case, the prosecution called 2 witnesses and tendered 2 exhibits, then closed its case. While the defendant testified as a witness in his own defence and closed his case.
Delivering its judgment, His Lordship held that the prosecution failed to prove their case beyond reasonable doubt, thereby the defendant was discharged and acquitted.
Zainab Baba Santali
Public Relations Officer, Jigawa Ministry of Justice.
19th November 2021.
