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| Inspector General of Police, Ibrahim Idris |
Nearly two years after the controversial discharge of a rape suspect following the failure of the police to provide essential evidence, the police have refused to do the needful.
it was earlier reported how a High Court of the Federal Capital Territory in May 2016 discharged a rape suspect, Victor Enejo.
Mr. Enejo was accused of raping an eight-year-old daughter of an Abuja based trader, Monica Agu. The case was discharged by the judge months after it was brought before the court.
The judge’s reason for the discharge of the suspect was that the prosecution, the Nigerian Police, excluded medical report of the suspect in the file submitted at the court. The report would have shown evidence, or lack of it, that the suspect was the one who indeed penetrated the victim.
“In the instant case, the prosecution deliberately omitted this vital aspect of their case and I have no option but to come to the conclusion and hold the view that the most important ingredient of the offence of rape, that is penetration of the penis of the defendant into the vagina of the victim has not been established.
”Hence, from the facts and evidence adduced by the prosecution, I hold the view that the prosecution failed to prove its case beyond reasonable doubt,” the Judge; D. Senchi, said in a ruling before dismissing the case for ‘lack of merit’.
Speaking with us, the victim’s mother, Ms. Agu accused the Nigerian Police Force of frustrating her daughter’s case, adding that the conduct of the prosecution, ”smacks of foul play.”
“That medical report was supposed to be with the police and they should have put it in the file because they tested my daughter and the boy she accused of raping her. I remember; the date my daughter was tested, according to her report, was January 8, 2016 while the suspect was tested the following day.
“But unknown to me, it was only after the judge announced that the document was not there that I realised what was happening,” Ms. Agu said.
She added that several attempts were made after the case was closed to get the controversial medical report, without success.
“They gave me a medical report that had a date later than even the date of the judgement,” Ms. Agu said. She added that the situation frustrated her.
When contacted the police for explanation on the matter, the Force Public Relations Officer, Moshood Jimoh, said the victim’s family, ”should raise an alarm so that the investigation can be repeated.”
“Investigation shouldn’t be poor in cases of rape. If there is a poor investigation, the persons affected can draw the attention of the police so that the investigation can be repeated. Police action terminates when the matter is taken to court,” Mr. Jimoh told PREMIUM TIMES.
“The prosecution also should have raised an alarm, supposing it was an error. Somebody must have been doing some sort of work in the background. It is the duty of the police to get a medical examination from a government doctor to be added in the file. Sometimes, even the victims could be compromised. I am not saying that they have been bribed, but they could have been intimidated,” Mr. Jimoh said.
He however added that the responsibility of taking a look again into the matter lies with the Abuja Command of the Force.
“You need to go to the command. Go to Manzah. I hope you know him? Let him call the investigative police officer and the prosecutor then the truth will come out. You will know what actually happened,” Mr, Jimoh said.
Following the discussion with the Force PRO, the reporter visited Mr. Anjuguri to seek reactions.
Mr. Anjuguri said no action had been taken yet on the matter. “Since you have already spoken to my superior (Mr. Jimoh) on the matter, I cannot say anything. What should I say? Mr. Anjuguri said.
After much persuasion from the reporter, Mr. Anjuguri later requested a link to the initial story published by PREMIUM TIMES, which was provided to him.
“Madam I have read the story. But there is nothing I can say about it,” Mr. Anjuguri said moments later.
As explained by Mr. Jimoh, only an action by the police force or an appeal of the FHC judgement can result in a second look into the matter by the authorities.
But, according to Ms. Agu, she has lost confidence in the system and does not have the needed resources for an appeal.
She adds that her eight-year-old daughter suffered both psychological and physical complications as a result of the rape, for over one year.
“I kept taking my daughter to hospital for treatment after that problem till over a year,” Mrs. Agu said.
Mrs. Agu said that she took the matter to the International Federation of Women Lawyers, FIDA.
Her decision to approach FIDA was rather late, as explained by the association’s litigation officer, Ifeoma Iheanacho.
“They were handling the matter on their own before they maybe got stuck and came to us. One thing we keep saying about these rape issues is that victims should try to come to FIDA first,” Ms. Iheanacho said.
She added that even where cases are quickly brought to FIDA, the process is sometimes frustrated by the prosecution: the police.
“Most of our matters; because it borders on rape, has to first of all go through the police station. The prosecutor will be the one in charge of it until we get a fiat to take the case. At times, getting a fiat takes a long time. And most times, we get to see them (prosecution) mess up these matters.”
Ms. Iheanacho further adds that although FIDA has the resources to institute an appeal, the upper court will still have to rely on evidences seen at the lower court.
“It depends. Although if the mother is willing, we can institute an appeal but the appeal court will have to rely on the evidences at the lower court. Unless you are able to show that you have something new,” Ms. Iheanacho said.
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