A High Court in Kebbi State has handed down a five-year prison sentence to a man found guilty of attempting to sexually assault a 10-year-old girl.
Court Convicts on Lesser Charge
Justice Maryam Abubakar Kaoje presided over the case and delivered the judgment against the convict, Ibrahim Isah from Zuru Local Government Area. The court held that the evidence presented proved the offence of attempt to commit rape, which is punishable under Section 58 of the Kebbi State Penal Code Law of 2021.
Isah was initially arraigned on two more severe counts: rape and gross indecency under Sections 259 and 261 of the Penal Code. However, after evaluating the evidence, Justice Kaoje ruled that the prosecution did not successfully establish the complete offence of rape. The facts, instead, supported the charge of attempt.
Evidence and Legal Proceedings
The prosecution team, led by the Director of Public Prosecutions (DPP), Lawal Hudu Garba, SAN, presented a strong case. They called five witnesses to testify and tendered three key exhibits before the court. These exhibits included:
- The defendant's confessional statement, recorded in both English and Hausa languages.
- A medical report from the examination of the young victim.
In his defence, Isah, represented by his lawyer Barrister S.M. DanYaro, took the stand alongside one other witness. Despite the defence's arguments, the court found the confessional statement and other evidence compelling.
Final Judgment and Sentence
In her ruling, Justice Kaoje stated that the facts disclosed in the confessional statement conclusively proved an attempt to commit rape. She consequently convicted Isah on the lesser charge.
The court sentenced Ibrahim Isah to five years' imprisonment. Additionally, the judge imposed a fine of N50,000 on the convict. The court ordered that if Isah fails to pay the fine, he will serve an additional one-year jail term in default.
This judgment underscores the judiciary's role in applying the law, even when the full extent of an alleged crime is not proven, ensuring that perpetrators of attempts are still held accountable for their actions, particularly in cases involving vulnerable children.
