- Group kicks against bail
A Magistrate Court in Lokoja, Kogi State has released on bail, a 41-year-old man, Yahaya Shaibu, who raped his biological daughter,16, for three years, impregnated her and procured abortion for her.
The suspect was arrested, paraded and
subsequently arraigned by the Nigerian Security and Civil Defence Corps (NSCDC)
following complaints by some Non-Government Organizations.
He confessed to the crime and blamed the
devil. He claimed he was hypnotized after his wife left him in 2020.
According to a Nigerian Tribune report, the
NGOs claimed they were informed that the NSCDC prosecuting team has allegedly
been collecting bribes from Mr. Shaibu and neglected the proceedings at the
court; leading to his release.
The Executive Director of one of the NGOs,
Islamic Center for Communication and Creative Thought (ICCCT) Mr. Baye Malik
said the father upon release by the Magistrate Court has started threatening to
attack the daughter as well as destroy all her educational certificates still
in his possession.
A counsel to ICCCT (The Chief Complainant),
Barrister Muhammed Adoga Esq in a letter to the NSCDC’s new commandant, Ahmad
Gandi urged the command to come out “clean” on the case.
A copy of the letter which was made available
to newsmen in Lokoja read apart, “We are counsel to Islamic Center for
Communication and Creative Thought (ICCCT) and Saidatu Shaibu whom we shall
hereinafter be referring to as our clients on whose express instruction we so
act, our clients briefed us thus,"
"That they are unhappy and very
uncomfortable with the sudden release on bail of one suspect in your custody
who is the father of the nominal complainant Saidatu Shaibu whose case was
brought before your command some weeks ago, concerning illegal sexual
molestation by her biological father Yahaya Shaibu since 2021.
"That the father Yahaya Shaibu
impregnated her daughter and aborted same, this singular act constitutes incest
and the head of the Islamic Center for Communication and Creative Thought
approached your office for justice to be done being the Chief complainant, but
to our client’s greatest dismay, the suspect was released unconditionally
without following the due process of law noting that we live in a society that
is governed by law.
"Our client briefed us further that they
received a call via a mobile call from the custodian of Saidatu Shaibu, that
she was adequately informed that the suspect, Yahaya Shaibu has been released
from detention without official communication from your Command to Saidatu Shaibu
being the victim of sexual molestation. On further enquiry from your Command by
our client, the information was confirmed as true.
"That our client was told the suspect
was released on bail by a Magistrate Court entertaining the matter even though,
Magistrate Court does not have jurisdiction to entertain this matter unless the
suspect was brought by way of remand proceeding which the Chief Magistrate
Court lack requisite jurisdiction to grant bail on the offence the suspect was
charged with.
"That on behalf of our clients, we
request to know the detailed circumstances that led to the Magistrate Court
granting the suspect bail without meeting the legal procedure for bail.
"Furthermore, we are adequately informed
that the case file of the suspect has been transferred to the Director of
Public Prosecution (DPP) as of when the matter was heard in court, thereby our
clients are curious to know the charges levelled against the suspect by your
prosecuting counsel which warranted the suspect the option that made him
eligible for bail
"That our clients being Chief and
nominal complainants are seriously worried that the NSCDC should have notified
them of the first hearing in court, more worrisome for our clients, is the fact
that Saidatu Sbaibu lives in the same neighbourhood with the suspect currently
staying under the watchful eye of her custodian therefore, the safety of both
the victims and her custodian is seriously threatened.
“Consequently upon this, you are urged to do
the needful and arrange the suspect in court that has the requisite
jurisdiction and competence to entertain such offences against the state
(defilement, incest and rape) which by the provision of the law i.e.
Administration of Criminal Justice Law (ACJL) of Kogi State 2017.”
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