Group slams out of court settlement for rape cases in Abia, seeks to audit dismissed cases, others

The African Centre for Human Advancement and Resource Support (CHARS-Africa) has urged the Abia State Attorney General and Commissioner for Justice to audit all rape/defilement cases dismissed, withdrawn or struck out in the past 24 months, saying it suspects foul play.

The group alledged that prosecutors in rape and defilement cases connive with victims, guardian and parents of minors, to undermine the powers of the court, by yielding to the request of the perpetrators or their parents and guardians to abandon the case on the basis of “lack of interest” or “request for out of court settlement” instead of prosecuting the offender until justice is dispensed.

The empowerment group observed that this practice, which is not supported by law, results in miscarriage of justice, as it is a direct affront to Nigeria’s criminal justice system, which is meant to protect the victim and serve as a deterrent to the offender.

CHARS- Africa, in a statement, signed by Amaka Biachi, its executive director, stated that withdrawal or striking out of rape cases on grounds of “lack of interest” is unlawful and emboldens offenders, noting that such a misconduct must be met with zero tolerance for negotiations in view of protecting citizens and upholding the rule of law in Abia State and beyond.

Citing a case between Commissioner of Police v. Ogechukwu Ekeledo, Charge No: U/358C/2024, a case of child defilement, CHARS-Africa said that the matter was dismissed and the defendant discharged, but not on merit, by Adaugo I. Onyebueke, Chief Magistrate Grade I, following an alleged request by the parents of the minor, expressing their lack of interest to continue with the proceedings.

They noted that Section 218 of the Criminal Code, Cap. 80, Vol. 3, Laws of Abia State, states that defilement of a girl under thirteen is a felony punishable with life imprisonment. Attempting same carries 14 years imprisonment.

“Also Section 31 of the Child’s Rights Act, 2003, which is a law in Abia State, criminalizes sexual intercourse with a child and prescribes life imprisonment. The law defines a child as any person under the age of 18 years.

“Section 211 of the 1999 Constitution (as amended) vests on the Attorney General of the state the power to discontinue criminal proceedings via nolle prosequi. This is an exclusive constitutional prerogative.

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“The Violence Against Persons (Prohibition) Law of Abia State, 2020 prescribes life imprisonment for child rape and does not recognize “settlement” or “lack of interest”, as grounds for withdrawal”.

The group urged the Abia State Attorney General and Commissioner for Justice to without delay audit all rape/defilement cases dismissed, withdrawn or struck out in the past 24 months, while erring police prosecutors should face sanctions under the Police Act, 2020.

They also urged Magistrates and Judges to reject any prosecutorial submission for withdrawal without formal application from the Attorney General of the State, noting that such persons seeking to undermine the powers of the court, whether victim or relation should be decisively dealt with.

CHARS-Africa suggested that continuous legal education should be provided for police prosecutors, judiciary and the citizens.

The group stated that it will not only consider initiating strategic litigation to curb this practice, but would involve in naming and shaming of the human clogs to the wheel of justice.