Jigawa court dismisses rape case over prosecution delays

The Jigawa State High Court No. 3 has dismissed rape charges against 50-year-old Aliyu Sani Jahun and two co-defendants, citing prosecutorial delays.

According to a statement from Abbas Rufa’i Wangara, Director of Publicity and Protocol for the State Judiciary, the case was struck out under Section 392(4) of the Administration of Criminal Justice Law (ACJL) following numerous adjournments.

The trio had been arraigned in 2022 for the alleged rape of a 14-year-old girl in Jahun Local Government Area.

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The court noted that the number of adjournments requested by the prosecution exceeded the legal limits set by the ACJL, which mandates timely presentation of evidence.

The defendants were charged under Section 3(1), punishable under Section 3(2) of the Violence Against Persons Prohibition (VAPP) Law No. 2 of 2021, which carries a maximum penalty of life imprisonment.

Presiding over the case, Hon. Justice Mohammed Sambo Abubakar ruled that the prosecution’s failure to present witnesses and pursue the case diligently justified the dismissal.

However, he clarified that the case could be reopened at any time, as there is no statute of limitations on prosecuting such offences.