A Family Court sitting in Benin, Edo State struck out a case bordering on the rape of a minor as the victim’s father told the judge that he had forgiven the defendant.

The complainant expressed his desire to forgive his daughter’s rapist after the defendant had pleaded guilty to child rape.

The Police Counsel, Insp. Peter Ogbe, on Wednesday, informed the court that the defendant, one Abdullahi, defiled the little girl on February 8 and also on February 9 at Aduwawa Quarters in Ikpoba-Okha Local Government Area of Edo State.

Ogbe said the offence contravened the provisions of Section 218 of the Criminal Law of the defunct Bendel State now applicable in Edo .

Abdullahi pleaded guilty to the charge. However, the child’s father, one Mohammed, prayed the family court to strike out the suit filed against the 33-year-old Abdullahi, who had raped his nine-year-old daughter.

Mohammed told the court that he has forgiven Abdullahi; and that he had chosen to leave vengeance for God.

In his ruling, the judge, D. I. Adamaigbo, cautioned the defendant to desist from such act, saying that he was lucky that the victim’s father, who was the complainant, decided not to press charges.

She subsequently struck out the case.
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It is our position that this decision by the court is VERY wrong, and does not encourage the fight against child sexual abuse. Defilement of a child is a criminal matter between the state and the offender. The father of the girl is not the victim, and cannot decide what happens in a criminal case. He has no power to forgive the offender because the act was not committed against his person. He is at best a complainant. If our judicial system continues to allow rapists to get away easily like this, then we can never win the war against child sexual abuse. Since the perpetrator had admitted guilt, what the court ought to do is to show leniency in sentencing him. There ought to be a level of punishment, even if it is one year imprisonment, in view of the fact that the maximum penalty for rape is life imprisonment. As it is, this 9-year old child has been denied Justice. This is unacceptable.