Rape Case: Defense Counsel Raises Discrepancies in Victim's Age, Court Reserves Judgment

By Umar Faruk Birnin Kebbi

A rape case against Basiru Hassan of Gwadangaji town, Birnin Kebbi Local Government Area, took a dramatic turn as defense counsel, Barrister Ahmad Abubakar Fingilla, highlighted discrepancies in the victim's age. Fingilla urged the court to acknowledge these discrepancies and rule that the prosecution failed to prove the essential elements of a rape case.

According to Fingilla, the medical report (Exhibit C) tendered by the prosecution revealed the victim's age as an adult. The FIR filed at CMC 1 B/Kebbi against the defendant also confirmed that the victim is 16 years old, aligning with her statement made at the SCID Birnin Kebbi and her evidence before the court as PW3. Fingilla argued that the prosecution's claim of the victim being 12 years old at the time of the alleged offense is mathematically impossible.

"My Lord, we submit that from December 2023 to today is just 13 months, and in her own evidence and that of her father, she is 16 years old now. My Lord, simple arithmetic shall prove that the victim was not 12 years old at that time, and the medical report tendered by the prosecution indicated that the victim was an adult," he said.

The defense counsel urged the court to acquit and discharge the defendant due to the prosecution's failure to prove the alleged offense of rape. Fingilla also emphasized that there was no evidence presented by the prosecution that the defendant raped the victim, as the victim herself admitted that the defendant was her boyfriend and they dated for 2 years.

However, Prosecution's Counsel, Barrister Abubakar Ahmed Mohammed, pushed for the defendant's conviction as charged. Mohammed argued that the victim's father miscalculated her age, and the testimony of the victim was not contradicted nor contravened.

After adopting their final written addresses, the court, presided over by Hon. Justice Maryam Abubakar Kaoje, reserved its judgment, which will be communicated to both counsels when ready. The case involves a one-count charge of rape contrary to Section 259 of the Kebbi State Penal Code 2021.