REPORT OF THE RAPE CASE IN CHARGE NO. CR/123/2022 BETWEEN FRN V EMMANUEL MUDI HAMIDU
BACKGROUND This is a case of indecent assault and rape of a minor in Kurudi Community of Abuja, FCT by an officer of the Federal Road Safety Corps (FRSC) sometimes in September, 2022.
INTRODUCTION
On 27/10/2022, CTA received a report of the indecent assault and rape of an 11-year-old minor in Kurudu community, Abuja, FCT by one Emmanuel Mudi Hamidu, curiously, an officer with the Federal Road Safety Corps (FRSC).
In defence of the innocent minor, CTA took up the matter to the National Agency for the Prohibition of Traffic in Persons (NAPTIP), the Nigerian Police, FCT Command and the employer of the perpetrator, the FRSC. After an initial setback of an alleged compromise which saw the suspect then now rapist escape from the custody of NAPTIP and subsequently rearrested, investigation was concluded and the matter charged to the High Court of the Federal Capital Territory, Abuja, thanks to CTA unrelenting watchdog.
TRIAL OF THE CASE
Sometimes in January, 2023, the convict was arraigned on a 2 counts charge of indecent assault and rape and he pleaded not guilty, signaling the commencement of his trial. Ebullient Justina Maliki Esonu (Mrs) of NAPTIP Legal Department led the prosecution on behalf of the Federal Republic of Nigeria. Odion Peter Odia, Esq. with Shafaatu Ahmed appeared for the convicted Defendant while CTA held a watching brief for the nominal complainant.
On 28/3/2023, the prosecution opened its case and called its star witness-PW1, one Okorie Ifeanyi, a senior intelligence officer with NAPTIP who tendered 4 exhibits in support of the charges amongst other 4 other witnesses who testified and were duly cross examined by the convicted Defendant.
Almost a year thereafter, the convicted Defendant entered his defense on 07/3/2024 and called 2 witnesses besides himself as DW2. Just like the prosecution witnesses, they too were cross examined by the prosecution and the defense closed its case.
At the close of evidence, parties addressed the Court on 06/5/2024 vide their respective final written addresses which were well adopted. Matter was adjourned to 17/6/2024 for judgment. For unforeseen reason, the court did not sit and judgment was further adjourned to 08/7/2024.
JUDGMENT Justice A. O. Otaluka of Court 12 sitting at Apo, Abuja, FCT in delivering the judgment held that the prosecution proved the 2 count charges against the Defendant and convicted him accordingly. The Court found that rape is a strict offence that bears a sentence of life imprisonment however, it computed the life imprisonment to be 20 years and to run concurrently.
CONCLUSION CTA greatly thanked the Honorable Court for the industry in hearing and determining the case in record time against the background of other cases of this nature lingering before other courts for years unend. There could have been no better way of expressing the saying that justice delayed, is justice denied. This feat could not have been possible without the commendable diligence of the prosecution who held the Defendant accountable for his despicable conduct using the instrumentality of the law. The Defense team equally deserves commendation for not resorting to undue technicalities and frivolous tactics solely to delay the determination of the case. Rather, the defense team put up their very best as provided by law to defend the Defendant on merit and were magnanimous enough to accept the court’s verdict.
By this judgment, we cannot agree less with the cerebral sage Oputa, JSC of blessed memory in his all-time relevant statement on the concept of justice in Josiah v State (1985)1 NWLR (Pt. 1) 125 to the effect among other things paraphrased thus:
“…justice is not a one-way traffic. It is not justice for the convict only. Justice is not even only a two-way traffic. It is really a three-way traffic – justice for Emmanuel Mudi convicted of a heinous crime of rape; justice for the victim, the raped minor, ‘whose maidenhood is crying out to heaven for vengeance’ and finally justice for society at large – the society whose social norms and values had been desecrated and broken by the criminal act complained of.”
