MAN WRONGLY ACCUSED OF RAPING DAUGHTER DISCHARGED AFTER 7 YRS IN JAIL

A 52 year old man and father of 9, Yunusa Ali, who was wrongly accused of raping own daughter has been discharged and acquitted after 7 years behind bars.

Hon. Justice Fatima Ahmed Tafida, of Adamawa State High Court 4, discharged and acquitted the defendant on 3 counts of rape punishable under section 261 of penal code law 2018.

Ruling on no case submission on Tuesday, Justice Fatima, declared that from the totality of the evidence before the court which in the least did not implicate the defendant; hence, no prima facie case made out against him.

She held that there is absolutely nothing by way of evidence before her to warrant the defendant to enter his defence, adding that the court has no option other than to discharge and acquit the defendant in the interest of justice.

" For the avoidance of doubt, the no case submission is hereby upheld, and the defendant is hereby discharged and acquitted", Justice Fatima ruled.

In his no case submission, Counsel to the defendant, F. A Ogbe, Chief Legal Officer of the Legal Aid Council of Nigeria, Adamawa State, told the court that there is absolutely nothing by way of testimony or evidence so far before the court to warrant the defendant enter his defence.

Ogbe, informed the court that the victim was not brought to court, let alone her statement to be tendered in evidence, explaining that the Medical Doctor who examined the victim at the cottage hospital Hong was not brought to court to give evidence of his findings after examination let alone his report.

He added that the evidence of the Prosecution Witness 1 cannot be relied upon for the fact that the defendant denied the allegation as contained therein the statement tendered in court, and that the testimony of the Prosecution Witness 2 amounts to heresay evidence which is inadmissible.

He submitted that the ingriedients of the offence charged have not been proved, and that the defendant be discharged and acquitted in the interest of justice.

In its reply, the Prosecution Counsel, H. A. Abba, (Senior State Counsel II), urged the court to hold that the defendant has a case to answer in respect of the offence as prima facie has been disclosed against him.

Abba, argued that there are enough evidence that question the innocence of the defendant and urged the court to call him to answer.

According to the particulars of the offence, the defendant who hails from Mile 7 in Hong Local Government Area, allegedly had sexual intercourse with his own daughter on the 6th May, 2015.

NEWS PLATFORM learnt that Yunusa Ali, was accused by the wife of his elder brother of raping his own sick daugther after he allegedly put her in fear of death.