UPDATE: CRACO PROTESTS THE STRIKING OUT OF A CASE OF DEFILEMENT OF A 9-YEAR OLD GIRL BY A HIGH COURT JUDGE IN EDO STATE – WRITES THE CHIEF JUDGE

UPDATE: CRACO PROTESTS THE STRIKING OUT OF A CASE OF DEFILEMENT OF A 9-YEAR OLD GIRL BY A HIGH COURT JUDGE IN EDO STATE – WRITES THE CHIEF JUDGE

We published this story yesterday on our Facebook page stating that being displeased and utterly disappointed by the decision of a High Court Judge in Edo State striking out a case of a 9-year old girl who was defiled twice in February by a 33-year old man on the ground that the victim’s father told the court he has forgiven the offender, we forwarded a protest letter to the Hon. Chief Judge of Edo state. The same protest letter was also copied to the Edo state Attorney General and Commissioner for justice as well as the Edo state Commissioner of Police.

The name of the Judge who presided over the case as we were informed was D.I. Adamaigbo, and the prosecutor was Insp. Peter Ogbe. This case was widely reported by the media, including News Agency of Nigeria (NAN) and the Punch Newspaper.

After our letter to the Chief Judge was made public, some law officers in Edo state swung into action, but the information they are getting seen to be different from reports from NAN and Punch. Infact, it sounds ridiculous to us. According to a Law officer, the Judge D.I. Adamaigbo is not a high Court judge but a Magistrate. The fact being peddled by some civil society members in Edo state is that the defendant pleaded guilty and the magistrate adjourned to take evidence, and on their way to court the key witness died, and later the case was struck out for lack of evidence.

Even though we are not believing this version, however, we are of the opinion that if the defendant actually pleaded guilty, he ought to have been convicted there and then.

Again, the offence is within the jurisdiction of the High court and not a magistrate court, how come a Magistrate assumed jurisdiction over the matter. Ordinarily, when such matters come before a magistrate, he remands the Suspect and ask that the case file be forwarded for DPP’s advice. The question is: Was this case file forwarded to DPP, and he advised the magistrate to assume jurisdiction? A law officer from Edo state ministry of Justice said he is not sure the file was forwarded to the DPP. If this is true, then it is not only the Magistrate that has questions to answer, Edo state Commissioner of Police also has explainations to make. Meanwhile, investigation is still going on concerning the matter. We will surely get to the root of it, and we will keep you updated.

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