The African Centre for Human Advancement and Resource Support (CHARS-Africa) has condemned what it described as a disturbing trend whereby prosecutors in rape and defilement cases connive with victims, guardian and parents (of minors) to undermine the powers of the court.
According to the group, the prosecutors do this by yielding to the request of the victim or the parents or guardians on the basis of ‘lack of interest’ or ‘request for out of court settlement’ instead of prosecuting the offender until justice is dispensed.
According to the Executive Director of the group, Amaka Biachi, who spoke to newsmen on Monday, the practice, which is not supported by Law, results in miscarriage of justice, as it is a direct affront to Nigeria’s Criminal Justice System which is meant to protect the victim, the minor and serve as a deterrent to the offender.
She also said the practice further undermines public confidence in the justice system and exposes vulnerable children to further risks.
She cited a case of child defilement with details, Commissioner of Police v. Ogechukwu Ekeledo, Charge No: U/358C/2024, which was dismissed and the defendant discharged, but not on merit, by a magistrate, following an alleged request by the parents of the minor, expressing their lack of interest to continue with the proceedings.
Biachi quoted Section 218 of the Criminal Code, Cap. 80, Vol. 3, Laws of Abia State, which clearly states that the defilement of a girl under thirteen is a felony punishable with life imprisonment, while attempting the same carries 14 years imprisonment.
She also referenced Section 31 of the Child’s Rights Act, 2003, which is a law in Abia State, that criminalizes sexual intercourse with a child and prescribes life imprisonment.
“Section 211 of the 1999 Constitution (as amended) vests in the Attorney General of the state the power to discontinue criminal proceedings via nolle prosequi. This is an exclusive constitutional prerogative.
“Also, the Violence Against Persons (Prohibition) Law of Abia State, 2020 prescribes life imprisonment for child rape and does not recognize “settlement” or “lack of interest” as grounds for withdrawal,” she said.
The CHARS-Africa boss demanded a review without delay, by the Abia State Attorney General and Commissioner for Justice, of all rape and defilement cases dismissed, withdrawn or struck out in the past twenty-four (24) months.
The group also called for disciplinary action against erring police prosecutors involved, under the Police Act, 2020.
“There is also need for Magistrates and Judges to reject any prosecutorial submission for withdrawal without a formal application from the Attorney General of the state. Such persons seeking to undermine the powers of the court, whether victim or relation, should be decisively dealt with.
“CHARS-Africa will not only consider initiating strategic litigation to curb this practice, but will involve in naming and shaming the human clogs to the wheel of justice,” she said.
