A Magistrate Court presided over by Musa Lawal has ordered that Muhammad Saleh, a father accused of defiling his 3-yr-old and 7-yr-old daughters be remanded in prison custody.
When the case came up before the court on Wednesday, the court heard that the accused was not served with the new charges levelled against him by the prosecution.
The court also learnt that his lawyer, Baba Ibi, was neither in court to brief the court whether his client was served or not.
To this end, the magistrate, Musa Lawal, ruled that, “in view of the fact that the accused was not served and his lawyer who could have addressed the court properly was conspicuously absent in court, I hereby rule that the prosecutor should serve the accused before the next sitting. The accused should also be remanded in prison custody until all processes are followed.”
Earlier, the state prosecutor, Suleiman Ibrahim Kufena, told the court that in compliance with the court directives, the prosecutor should have legal advice on what to do with the accused.
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He said, “I am happy my lord, to inform you that we have sought legal advice to charge the accused before a competent high court. His case file is before High Court two now.
Meanwhile, in an interview with journalists after the adjournment, the prosecutor said the court has no legal right to continue the case, saying the court can only act on the first information report. That was the reason we approached a high court. It is only a high court that can entertain rape and incest cases.”
According to him, the accused is being charged for rape and incest which are contrary to sections 258 and 370 of the Kaduna Penal Code respectively.
“If convicted for the rape, the accused will be sentenced to life imprisonment while in the case of incest, he will be convicted to not less than 14 years in prison.”
Meanwhile, the Kaduna State government has applied for the custody of the minors to enable the government to take proper care of them.
The state commissioner for social development, Hajiya Hafsat Baba, made the plea before a Sharia Court sitting in Rigasa where the accused was initially arraigned.
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