PRESS RELEASE No. PR /15.
Jigawa High Court Sentences man to life imprisonment for defiling minor, three years imprisonment to 72-year-old for adultery, discharges another charge with the offence of Rape.
The State High Court No. 3, sitting at Dutse presided by His Lordship Justice M.A. Sambo, has on Monday the 27th day of March, 2023, convicted and sentenced one Shukurana M. Umar, (m), 20 years old, of Sara Town, Gwaram LGA, Jigawa State, to life imprisonment for the offence of rape.
The convict was earlier arraigned before the High Court on a lone count charge of rape. He was alleged to have lured a 4 years old girl (names withheld) where he had unlawful sexual intercourse with her. The offence which took place on the 31st day of March, 2021, was contrary to Section 282 (1) (e) of the Penal Code (Miscellaneous Amendments) Law, No. 09 of 2014.
While delivering the judgment, Honourable Justice Sambo, held that the prosecution counsel Mohammed El-Usman Esq was able to prove all the ingredients of the offence of rape against the convict through both direct and circumstantial evidence via the five (5) witnesses that testified before the court.
After listening to the convict’s plea for leniency, the Court further held that the punishment for the offence is mandatory as such the court could not tamper with the law by handing down a lesser sentence. The court further said it is the hope of the lawmakers that the punishment would serve as a deterrence.
In another judgment, the High Court of Justice No. 6 sitting in Birnin Kudu presided over by Justice Musa Ubale on 1st March 2023 has convicted and sentenced a 72-Year-old man from Gangare Quaters in Birnin Kudu Local Government to three years imprisonment for the offence of adultery. The defendant was initially charged with the offence of rape.
While delivering the judgment, His Lordship Honourable Justice Musa Ubale, held that the prosecution from the State Ministry of Justice led by the Honourable Attorney-General Dr. Musa Adamu Aliyu had failed to prove all the ingredients of the offence of rape due to the fact that the victim was not called to testify as to her age. However, the court was of the view that evidence led has established without doubt the lesser offence of adultery by man upon which the defendant was convicted and sentenced to three years imprisonment.
In a similar judgment, the State High Court No. 6, sitting at Birnin Kudu, presided by His Lordship Justice Musa Ubale, has on Wednesday the 23rd day of March, 2023, discharged one Haruna Musa, (m), 35 years old, of the offence of rape. The case for the prosecution was that the defendant had on or about the 13th November, 2021, lured a 14-year-old girl at Gangare Quarters Birnin Kudu, Birnin Kudu LGA, and had unlawful carnal knowledge of her.
While delivering the judgment, the Court held that the prosecution led by Attorney-General Dr. Musa Adamu Aliyu was not able to prove the age of the alleged prosecutrix through the witnesses that testified and this, therefore, creates doubt in the mind of the Court which the law says must be resolved in favour of the accused.
Signed
Zainab Baba Santali
(Public Relations Officer)
Ministry of Justice, Dutse, Jigawa State.
30th March 2023.