Kogi Rape Saga: Lawyer Berates Nigeria Police For Moving Case Against Danga , Commissioner to Abuja Court

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Human rights lawyer, Inibehe Effiong, has berated the Nigeria Police Force for moving a rape case against Mr Abdulmumuni Danga, Kogi State Commissioner for Water Resources, to a court in Abuja.

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Danga, who raped a lady in Kogi State, is to be charged at the High Court of the Federal Capital Territory, Abuja Judicial Division, five months after the incident took place.

" ALLEGED RAPE: CHARGES AGAINST KOGI STATE COMMISSIONER WILL FAIL.

Is the Nigeria Police Force deceiving the public, the victim or itself by filing this charge?

The FCT High Court has no jurisdiction to try this case for the following reasons:

1. Rape is a State offence and cannot be tried outside the locus criminis (the place where it was committed);

2. The alleged sexual offences in this case as stated in Counts One - Seven of the Charge were committed in Lokoja, Kogi State and not in the FCT;

3. The law under which the defendants are charged - Violence Against Persons (Prohibition) Act 2015 is only applicable to the FCT.

Section 47 of the Violence Against Persons (Prohibition) Act 2015 specifically states that "This Act applies only to the Federal Capital Territory, Abuja. 

Nigerian Courts are usually not seised of matters/cases that occur outside their territorial or geographical jurisdiction.

See the case of IBORI VS. FRN (2009) 3 NWLR (Pt.1128) 247 @ 308 – 309 paragraphs G – A on the import of territorial jurisdiction in criminal matters." :  The Lawyer Said 

" I do not believe that the Legal Department at the Force Headquarters acted in error. I believe this is a deliberate sabotage. 

If the Police is not interested in prosecuting the Commissioner and his accomplice, there's no point dissipating public funds on a trial at the FCT High Court in a charge that will eventually be struck-out on grounds of want of jurisdiction. The victim should be spared the stress.

If the Attorney General of Kogi State is not willing to prosecute, the police should go ahead and file a proper charge at the High Court of Kogi State pursuant to the Penal Code. The State Attorney General can then allow the police to prosecute them or discontinue the case.

Nobody is above the law. We have to halt the culture of impunity in this country. The charges and allegations against Mr. Abdulmumuni Danga and his accomplice are serious and should be prosecuted with vigour and diligence. 

The victim of the dastardly crimes deserves justice. If there is apprehension about the safety of witnesses in Kogi State, the Police should file application for witness protection at the Kogi State High Court before commencement of trial. It will be a shame if the Nigeria Police Force cannot protect witnesses in this case." : He added