Adamawa State High Court of Justice has discharged and acquitted a 34 year old man, Tanko Kadiri, after spending 5 years in prison for allegedly raping 10 year old girl(names withheld).
The High Court presided by Hon. Justice Kyanson Lawanson, discharged and acquitted the Defendant for lack substantial evidence to prove the 3 count charges boredering defilement, rape and indecent treatment of a child.
Kadiri who hails from Nyibango, Army barracks road in Yola North Local Government Area, had spent 5 years in Yola prison for the alleged offences before he was discharged.
The Prosecution alleged that the Defendant on or about 10th March, 2017 at Nyibango, unlawfully and indecently dealt with the child.
It added that the Defendant and a Security Guard took the little girl into his apartment and raped her.
NEWS PLATFORM gathered that the victim was taken to Valada and Specialist hospitals respectively where she was examined and discovered that she was sexually assaulted as a result of which her father reported the matter to the police; hence, his arrest.
During trial, the Prosecution failed to call the medical personnel who examined the minor or the victim herself to testify in court or tender report of medical the examination in evidence.
It was due to lack of evidence that Hon. Justice Kyanson, discharged and acquitted him, saying that there was nothing before the Court to warrant his conviction.
He declared that the absence of the medical personnel and their report will have some doubts on a crucial element on the offences of defilement and rape.
In their seperate reactions after the judgement, Counsel to the Defendant, Mohammed Abubakar, Assistant Chief Legal Aid Officer of the Legal Aid Council of Nigeria, and Cousel to the Prosecution, L. M. Dodo, appreciated the Court for the judgement.
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