The Court of Appeal Kano Division on Monday converted the seven-year jail term of two rapists to life imprisonment.
Upholding the judgment of a Jigawa State High Court against the accused persons – Mesara Ayuba and Abdurrahman Musa, said to have violated an 8-year-old girl in Jigawa State, Hon. Justice Abubakar Muazu Lamido increased the 7-year sentence to life imprisonment while stressing that sentencing for the offence of rape in Jigawa State under Section 283 of the Penal Code (Miscellaneous Amendment) Law No 9, 2014 is mandatory.
The High Court in its September 24th, 2019 judgment delivered by Hon. Justice Ahmed Isah Gumel, now retired found the accused persons guilty of the offence of rape, punishable under Section 283 of the Penal Code (Miscellaneous Amendment) Law No 9, 2014, and sentenced them to 7years imprisonment with 10 strokes of cane for 10 market days.
Dissatisfied with the decision, both the Appellants and the Respondent (Jigawa State Ministry of Justice) headed for the Appeal Court. The appellants appealed against the entire judgment and the respondent cross-appealed the sentencing.
Chief Uche F. Ewule Esq. represented the Appellant, while Respondent’s Counsel was the Honourable Attorney-General of Jigawa State, Dr. Musa Adamu Aliyu.
However, the Court of Appeal in the lead judgment delivered by Hon. Justice Abubakar Muazu Lamido dismissed the main appeals and affirmed the convictions made by the trial court. Nonetheless, the Court allowed the Cross Appeals but set aside the sentencing of 7years imprisonment with 10 strokes of cane for 10 market days. Replacing the verdict with life imprisonment, the Court held that no court in Jigawa State has the power to reduce the sentencing where the victim’s age is below 14 years.
With the scourge of rape ravaging different parts of the country – female children, in particular, the judiciary appears to have risen to the occasion with stiffer penalties. In June 2020, a Kaduna State High Court sitting at Dogarawa Sabon Gari Zaria convicted one Usman Shehu Bashir of Dogarawa area to death by hanging for raping a baby of 2 years and 9-month-old to death.
Justice Kabir Dabo said the judgment was in line with section 221 of the penal code, Kaduna state law 1999 as amended. “The convict has confessionally (sic) confirmed the occurrence of the offence, as well, his written statements also confirmed. By these two confessional statements, the Court passed the judgment,” the judge said.
According to the prosecution, the facts of the case which started on the 23 March 2015 and lasted for five years was that: “On that fateful day, the convict took late Fatima to his room and for about 40 minutes, he raped her which led to her death….after the establishment of all the evidence of committing the crime.”
After passing the judgment Justice Kabir Dabo said the convict has the right to appeal within 90 days of the judgment. In her reaction, State Counsel, Barrister Jummai Dan Azimi said the Court has done justice to the case. Father of late Fatima, Malam Zakariya Ya’u Dahiru said the judgment passed on Usman has justified what he did to his daughter.
