By Ibrahim Abdul
An Upper Area Court 3 in Yola, Adamawa State has denied that a case file slated for judgment on a rape case against one Mohammed Aliyu was missing from the court, saying that it was a case of ‘’Act of Gross Indecency’’ not rape has been reported.
In a statement made available to newsmen, the court frowned that at no time did the court entertain any case of rape as it is not within its jurisdiction rather a case before it was that of indecent assault.
According to the Court,’’ no case file ever disappeared and all the files that are ready for judgment are under the custody of the registry.’’
It added that the case which was reported as “rape case” was on alleged ‘Act of Gross Indecency’ with file number Y/12/c3/2018/ involving one Mohammed Aliyu, saying that even on the First Information Report (FIR) it is stated: ” Act of Gross Indecency” and not a rape case.
It further threatened that henceforth, ‘’ any reporter who disseminate a false report on its proceedings will be charged for contempt of Court.’’
Explaining further, the Registrar of the Upper Area Court, Barrister Aminu Sule said that the case file was with the registry and that judgment was not ready at that time and not missing.
Sule said it is the duty of a registrar to keep all files that are ready for judgment and not the Judge, explaining that, ‘’ ordinarily Area Courts and Upper Area Courts do not have jurisdiction to try rape cases.
He disclosed that the case was slated for 14th January 2020 for judgment and not 4th January.
Mixed reactions had earlier trailed the missing file controversy with CSOs protesting on the way and manner rape cases are being handled.
Themailnewsonline.com recalls that a court case involving raped of five-year-old girls was stalled over missing file as there was mild drama at the court when the presiding judge, Umar Isa,could not proceed in the case of a raped five-year-old girl, after it was discovered that the case file was missing.
The case was filed by the police against Aliyu Mohammed, a 25-year-old married man, who allegedly raped the victim in Lelewarji Ward in Yola South Local Government Area.
The judge was shocked when the rape case was not mentioned even though he was prepared to deliver judgement.
Mr Isa then directed one of the court clerks to go and bring the file, but the clerk returned saying he could not trace the file.
He also said the Registrar of the court was not around to help locate the file.
Mr Isa then rescheduled the judgement to January 14.
Angry reactions
Some CSOs and women from Lelewarji ward who were in the court for the judgement expressed sadness over the development.
Some said the accused has been on bail and this was the second time the judgement would be adjourned.
“The other time it was shifted because of NBA Week and today the file is nowhere to be found.
“We are here full of hope that our quest for justice for a survivor of rape is here at last only to get this shock,” Nuwama Ishaku, the Human Right Desk Officer of Centre for Women and Adolescent Empowerment, Yola, said.
Farah James, a member of Adamawa Coalition Against Rape, also expressed shock.
She said the coalition would meet over the matter to take a position.
Hadiza Hamidu and Aisha Ahmed who represented women from Lelewarji ward, said they were disturbed with the development and hoped it was not a deliberate attempt by some interested parties to delay or subvert justice.
“We are frightened and disturbed by this development and hope it’s not an attempt to subvert justice,” Ms Ahmed said.
