A human rights lawyer, Inibehe Effiong, has frowned at the case filed against the Kogi State Commissioner for Water Resources, Abdulmumuni Danga, by the Nigeria Police Force (NPF) at the High Court of the Federal Capital Territory (FCT), Abuja Judicial Division.
Confiance News gathered from Effiong’s Twitter handle on Tuesday.
Effiong noted that the FCT lacks the judicial authority to try the case.
“ALERT: Is @PoliceNG deceiving the public, the victim or itself by filing this charge? The FCT High Court has no jurisdiction to try this case for the following reasons:
Rape is a State offence and cannot be tried outside the locus criminis (the place where it was committed).”
“The alleged sexual offences in this case as stated in Counts One – Seven of the Charge were committed in Lokoja, Kogi State and not in the FCT.”
Read Also: Finally, Police charge Kogi Commissioner, Abdulmumuni Danga for Rape, Coercion, Torture
“The law under which the defendants are charged – Violence Against Persons (Prohibition) Act 2015 is only applicable to the FCT.”
‘Section 47 of the Violence Against Persons (Prohibition) Act 2015 specifically states that “This Act applies only to the Federal Capital Territory, Abuja”.’
“Nigerian Courts are usually not seised of matters/cases that occur outside their territorial or geographical jurisdiction.”
“See the case of IBORI VS. FRN (2009) 3 NWLR (Pt.1128) 247 @ 308 – 309 paragraphs G – A on the import of territorial jurisdiction in criminal matters.”
“I do not believe that the Legal Department at the Force Headquarters acted in error. I believe this is a deliberate sabotage.”
“If @PoliceNG is not interested in prosecuting the Commissioner and his accomplice, there’s no point dissipating public funds on a trial at the FCT High Court in a charge that will eventually be struck-out on grounds of want of jurisdiction. The victim should be spared the stress.”
“I do not believe that the Legal Department at the Force Headquarters acted in error. I believe this is a deliberate sabotage.”
“If the Attorney General of Kogi State is not willing to prosecute, the police should go ahead and file a proper charge at the High Court of Kogi State under to the Penal Code.”
“The Attorney General can then decide whether to allow the police to prosecute or discontinue the case.”
“Nobody is above the law. We have to halt the culture of impunity in this country.”
“The charges and allegations against Mr. Abdulmumuni Danga and his accomplice are serious and should be prosecuted with vigour and diligence.The victim of the dastardly crimes deserves justice,”
Read Also: ‘Nigeria Police is worst in the world,’ says report
“If there is apprehension about the safety of witnesses in Kogi State, the Police should file application for witness protection at the Kogi State High Court before commencement of trial. It will be a shame if the Nigeria Police Force cannot protect witnesses in this case,” Effiong disclosed on Twitter.
Confiance News, in an earlier report, stated that the Police has charged Danga on a seven-count charge including rape to brutality, coercion and torture.
Moreover, a report by World Population Review, titled, “Rape statistics by country 2020”,
states that it is estimated that approximately 35 percent of women worldwide have experienced some form of sexual harassment in their lifetime. In the majority of countries that have data available on rape report that less than 40 percent of women who experience sexual violence seek help. Less than 10 percent seek help from law enforcement.
