A Jigawa State High Court has struck out a criminal case involving rape and incest charges against Ibrahim Alfa of Garado village in Jahun Local Government Area and two co-defendants after prosecutors failed to produce the accused persons for almost three years.
According to a statement signed by Abbas Rufa'i Wangara, Director of Publicity and Protocol for the Jigawa State Judiciary, the defendants were accused of committing sexual offences against Alfa's 12-year-old biological daughter.
The alleged offences contravene Section 3(1) and are punishable under sections 3(4) and 5(2) of the Violence Against Person Prohibition Law (VAPP Law) No. 2 Laws of Jigawa State, 2021.
In explaining the decision, the court cited the prosecution's failure to produce the accused persons before the court for nearly three years, which caused unnecessary delays in the trial process. The presiding judge emphasized that the court could not indefinitely entertain a case where the prosecution demonstrated no commitment to pursuing justice.
"Due to the lack of diligent prosecution, the court was left with no option but to strike out the case," the statement read.
This development has raised serious concerns among stakeholders about the effectiveness of the justice system in handling cases of sexual violence, particularly those involving minors. Child rights advocates are calling for better coordination between law enforcement agencies and prosecutors to ensure that such grave offences are not dismissed on technical grounds.
The case highlights ongoing challenges in Nigeria's criminal justice system, where procedural delays and lack of proper case management often result in serious crimes going unpunished, potentially leaving victims without justice.
Legal experts note that while the case has been struck out, it is technically possible for prosecutors to refile charges if they can address the issues that led to the dismissal.