Jigawa Court Strikes Out Rape Case Due to Prosecution’s Lack of Diligence
By Abdulhamid Sani
In a development that has raised concerns about the effectiveness of the justice system in Jigawa State, a high court has struck out a rape case involving a 50-year-old man, Aliyu Sani Jahun, and two others accused of raping a 14-year-old girl. The case, which has been ongoing since 2022, was dismissed under Section 392(4) of the Administration of Criminal Justice Law (ACJL) due to the prosecution’s failure to produce witnesses despite several adjournments.
According to the presiding judge, Hon. Justice Mohammed Sambo Abubakar, the numerous adjournments sought by the prosecution exceeded the limits permitted by the ACJL, constituting a failure to diligently pursue the case. However, the judge noted that the prosecution may rearraign the defendants whenever they are ready to produce their witnesses, as there is no time limit for arraignment and prosecution of offenders.
The defendants were initially charged under Section 3(1) punishable under Section 3(2) of the Violence Against Persons Prohibition (VAPP) Law No. 2, 2021 of Jigawa State, which prescribes life imprisonment for offenders.
“We are concerned about the implications of this development on the justice system in Jigawa State,” said Abbas Rufa’i Wangara, Director of Publicity and Protocol at the State Judiciary. “We will work with the prosecution to ensure that they are better prepared to handle similar cases in the future.”
The striking out of the case highlights the need for effective prosecution and witness management in ensuring that justice is served, particularly in cases of sexual violence. The VAPP Law, enacted in 2021, aims to protect persons from violence and provide justice for victims of such crimes.
As the case is set to potentially reopen in the future, many are left wondering if justice will be served for the alleged victim. The case serves as a reminder of the importance of diligent prosecution in ensuring that offenders are held accountable for their actions.
The Violence Against Persons Prohibition (VAPP) Law No. 2, 2021 of Jigawa State aims to protect persons from violence and provide justice for victims of such crimes.
Section 392(4) of the Administration of Criminal Justice Law (ACJL) allows courts to strike out cases due to lack of diligent prosecution.
“The prosecution’s inaction and inability to secure witness testimony constituted a failure to diligently pursue the case.” – Hon. Justice Mohammed Sambo Abubakar
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