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Plateau AG’s plea rejected

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By BULUS GAMBO

JUSTICE G. D Fwomyong of the High Court in Shendam Local Government Area of Plateau State has rejected the prayers of the Attorney General and Commissioner of Justice of the state Crysantus Ahmadu  to terminate a case filed against a community leader in Bakin Kogi village of Shendam Local Government Area of Plateau State, Naanmi Danaiang over alleged criminal Intimidation, sexual harassment and abduction of a minor. The Judge also ruled that the community leader should be detained at the Shendam Correctional Center till the proper bail procedures are obliged even as the case is expected to be further entertained on 2nd December 2021. Since the day of her alleged abduction by the suspect some months back, the minor who  is yet to be found has not returned to her parents.

Daniang 55 years of age and an influential community leader in Barkin Kogi village  was alleged to have abducted the minor,  one Nagungwe Agnes Dayi aged 15 after she went to a party alongside her friends. Investigations further revealed that he intentionally took the minor to his house to be his wife.

A source disclosed that ” the defendant the next day informed one of the relations of the minor that he had taken her to be his wife traditionally. The situation however turned soar a few weeks later after the suspect came back to the girl’s family intimidating them to return his wife to him. It was then discovered that the minor was nowhere to be found.

Even as the parents and relations of the minor was trying to come to the reality of the unfolding development that their daughter abducted and forced into underage marriage, the same perpetrator of this heinous act is allegedly  tormenting them to return her to him. At a point, the parents were left wondering what has become of their daughter had been who was abducted and forced into such an agonizing marriage as a minor. More worrisome is the fact that they are yet to set their eyes on their daughter till date.

When the case came up for mention at the first instance, the Judge dissatisfied that the suspect was not in court requested he be brought on the adjourned date of the hearing which was eventually obliged.

On the 20th October 2021 both counsels to the plaintiff and defendant including the suspect appeared in court when suddenly, the Police  Prosecuting Counsel notified the High Court of his intention to withdraw the case. In his submission, the Police Prosecuting Counsel, disclosed that the Plateau State Attorney General and Commissioner for Justice Hon. Chrysantus Ahmadu had requested for the discontinuation of the case by the court.

In a legal advice channelled to the Deputy Commissioner of Police, Nigeria Police State Headquarters, Joseph Gomwalk Road in Jos with reference number MOI/PS/LEG/1/SJ dated 20th October 2021, the Attorney General noted that “From a total consideration of all the statements taken during investigation into the case, I am of the opinion that a prima-facie case of abduction and criminal intimidation has not been established against the suspect. However, I am of the further opinion that a prima-facie case of defilement of a minor and marriage to a minor has been established against the suspect for the reasons.”

According to him, ” It is pertinent to note that under the Plateau State Penal Code Law 2017, there is no distinct offence called ” abduction” neither is there a punishment for any such offence. Furthermore sections 245(1) and (2) of the Plateau State Penal Code Law 2017 under which the suspect is being charged , deals with kidnap for ransom which is not applicable to the facts or this case.”

“It is also my opinion that the investigations conducted leaves much to be desired specially as regards the procedure employed in the recording of the statement of the suspect. A look at the statement of the suspect reveals that one Paul Patrick Lere Esq., a suppose Legal Practitioner representing the  suspect wrote the statement. Indeed, the fact that the suspect’s statement was recorded by his counsel constitutes a serious aberration of the provisions of the Plateau State Administration of Criminal Justice Law , 2018 wherein the only persons empowered to record statements are the makers of the statements or law enforcement agents. on the maker’s behalf. Thus the procedure employed in recording the statement of the suspect has rendered the said statement of no evidential value whatsoever in a trial as it will entail that the said statement can only be tendered through the counsel representing the suspect, a situation which is totally unknown to law. Consequently, I advise that a fresh statement be obtained from the suspect, written by him or by the IPO and endorsed by him.”

Furthermore, ” Similarly, Section 25 of the Plateau State Child Rights Law 2005 makes it an offence for an adult or person over the age of 18 to marry a minor or person under the age of 18. Under this law the consent of the minor immaterial as a minor is deemed to be incapable of validly consenting to marriage. Again even though in statement of Linda Daye, the victim’s age was alleged to be over 19 years and also the suspect in his statement wherein he maintained that he was informed by the victim’s that she was 23 years old, such discrepancies are in my opinion of no moment as the biological father of the victim is the proper person to state the victim’s age, which he said is 15.”

In the midst of the following submission, the Attorney General through the Police Prosecuting Officer put forward the following recommendations for consideration by the presiding Judge.

That a fresh statement from the suspect should be obtained using the proper procedure by law, the current charge against the suspect  be withdrawn and substituted with fresh charge, the suspect should be charged with Defilement of a Child and Marrying contrary to Section 208 of the Plateau State Panel Code Law 2017 and section 25 of the Plateau State Child Rights Law, 2005 respectively, further investigations should be carried out to ascertain the whereabouts of the victim with a view to ascertaining the facts and circumstances leading to this complaint and her actual age” adding that ” Your duplicate case dairy is hereby retained to enable us prefer a charge against the suspect pending the receipt of the Original Case Dairy which you are hereby requested to forward to us.”

In his ruling however, Justice G. D Fwomyong notes that though the Attorney General of Plateau State has the power to apply for the discontinuation of such a case, the conditions which warranted the discontinuation of this case does not hold water.  He therefore ruled that the suspect be kept at the Shendam Correctional Center until the 2nd December 2021.

Even though the Judge has ruled on the matter, there are still some fundamental issues which would be of public interest and discourse in the coming days. These would include why should the Prosecuting Police officer apply for the discontinuation of the case even when they are modifying the charges against the suspect? Why did the police who are handling the case in the first place allowed the counsel representing the suspect, one Paul Patrick to write the statement for his cleint?

In any case, should the case be discontinued while the minor has not been found, how would the parents of the victim be reassured of knowing the where-about of their girl who was allegedly abducted by the suspect and so far had not been found?

 

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