Pharmacist jailed for life over rape freed by appeal court – Newstrends
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Pharmacist jailed for life over rape freed by appeal court

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Dr. Abubakar Danraka, former Chief Pharmacist of the National Hospital, Abuja

Pharmacist jailed for life over rape freed by appeal court

The Court of Appeal in Abuja has discharged and acquitted a pharmacist, Abubakar Mustapha Danraka, earlier sentenced to life imprisonment by a High Court of the Federal Capital Territory FCT upon conviction for rape.

A three-member panel of the appellate court, headed by Justice Joseph Oyewole faulted the findings and decision of the High Court of the FCT and proceeded to set it aside.

In the lead judgment, Justice Oyewole found among others, that the case was poorly investigated and that the prosecution failed to prove its case with credible evidence as required.

The judgment, delivered on July 15 was on the appeal marked: CA/ABJ/CR/1019/2023 filed by Danraka.

Danraka is described as the Special Adviser to the Director General of the National Institute for Pharmaceutical Research Development (NIPRD), Abuja

He was arraigned on April 5, 2022 on a one count charge of rape, marked: FCT/HC/CR/014/2022 brought against him by National Agency for the Prohibition of Trafficking in Persons (NAPTIP).

Danraka was, in the charge, alleged to have, between March 20 and 21, 2020 raped a 12-year-old male neighbour (names withheld) by intentionally penetrating the victim’s anus with his penis.

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The prosecution alleged that the incident occurred at Spring Valley Estate, Airport Road, Abuja.

He denied the allegation by pleading not guilty, following which the prosecution called four witnesses during the trial, while the defendant called three witnesses, including himself.

In a judgment on September 18, 2023, Justice Asmau Akanbi-Yusuf accepted the case of the prosecution, convicted Danraka and sentenced him to life imprisonment, a decision he appealed at the Court of Appeal in Abuja.

Justice Oyewole, in the lead judgment of the Court of Appeal, held that the trial court was wrong to have admitted the victim’s extra judicial statement as part of the prosecution’s evidnce.

He also held that the prosecution was wrong not to have investigated the alibi raised by Danraka.

Justice Oyewole also faulted the medical doctor – Dr. Denni Richard Shettima of the Nation’s Hospital, Abuja – who examined the alleged victim, for not equally subjecting the defendant to medical scrutiny.

The judge added: “The only eye-witness to the commission of the said rape was the victim, who testified as PW2 (the victim) at the trial.

“His testimony failed to specifically state that he was raped or penetrated by the appellant.

“In convicting the appellant, however, the lower court relied on the extra-judicial statement of the same PW2 tendered through PW1 (the investigating police officer – IPO) by the prosecution.

“This was an error as the lower court failed to take cognizance of the clear provisions of sections 232 and 233 of the Evidence Act 2011.

“The said extra judicial statement of PW2 was inadmissible for the purposes for which the lower court admitted it and in relying on the said extra judicial statement for evidence to convict the appellant, the findings which emanated therefrom were not only perverse but had occasioned miscarriage of justice.

“As earlier stated, the extra-judicial statement of a witness is not to be tendered in evidence and used as additional evidence against the criminal defendant or accused person, it can only be used to resolve contradictions in the testimony of the witness.

“It follows therefore that a court cannot rely on inadmissible evidence to arrive at its decision.

“The medical doctor who examined PW2 testified as PW4 (the medical doctor) and his evidence was assessed by the lower court as providing needed corroboration for the content of exhibit C, the wrongfully admitted extra judicial statement of PW2.

“On his own, the said PW4 did not examine the appellant although he (the appellant) was readily available at the earliest opportunity.

“His (the medical doctor’s) testimony therefore did not link the appellant with the offence.

“Also, his testimony cannot be corroborated or provide corroboration for the wrongfully admitted exhibit C.

“The absence of legally admissible evidence of penetration by the appellant and the absence of any examination of the appellant by PW4 rendered the evidence of the said PW4 worthless before the court.

“The situation of the respondent was only further exacerbated by the failure to investigate the alibi of the appellant which was raised at the earliest opportunity as contained in exhibit B,” he said.

Justice Oyewole held that the evaluation of the issue of alibi of the appellant by the lower court and the method of investigation by the investigators created an unacceptable impression that the appellant did not enjoy a presumption of innocence under section 36 (5) of the Constitution and that he had the duty of proving his own innocence.

He added: “This must never happen in a criminal trial especially one where the appellant faced the punishment of life imprisonment.

“It is a constitutional imperative that investigators approach their task with an open mind which permits of the possibility that the person brought before them as the alleged offender may be innocent.

“That way every piece of Investigative lead would be adequately covered without any iota of bias.

“In line with the provisions of section 36 (5) of the Constitution that where doubts arise in the case presented by the prosecution then such doubts should be resolved in favour of the accused person or criminal defendant.

“The highlighted doubts in the case of the respondent herein must ensure to the benefit of the appellant.

“In totality, therefore, I find merit in this appeal and I hereby allow it.

“Consequently, the judgment of the lower court delivered in Suit No. FCT/HC/CR/014/2022 delivered on 18th September 2023 is hereby set aside.

“I equally set aside the conviction and sentence of the appellant and instead, the appellant is hereby discharged and acquitted,” Justice Oyewole said.

Justices Peter Obiorah and Okon Abang, who are members of the panel, also agreed with the lead judgment.

Pharmacist jailed for life over rape freed by appeal court

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NURTW scribe felicitates Nigerians on Xmas, urges caution 

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December 22, 2024

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NURTW scribe felicitates Nigerians on Xmas, urges caution 

 

The General Secretary of the National Union of Road Transport Workers (NURTW), Comrade Kayode Agbeyangi, has enjoined Nigerians to imbibe the virtues of peace, love and compassion as taught through the birth of Jesus Christ.

He stated this in his Christmas and end of the year goodwill message to felicitate members of the union and Nigerians in general.

Agbeyangi urged Nigerians to use the festive season to reflect on the values of love, compassion, and sacrifice that Jesus Christ embodied.

“This period is not for merry making alone; we should also spare time to reflect on the birth and life of Jesus Christ.

“His birth teaches humility, love compassion and sacrifice. As Nigerians, we must show love to our fellow county men. We must love our country. As Nigerians, we must be ready to make sacrifices for the nation.”

The NURTW scribe also used the opportunity to appeal to members of the union and other road users to always exercise caution and adhere to all safety protocols while travelling during the festive season.

“As we celebrate, let us not forget the importance of road safety. The roads can be treacherous, especially during the festive season.

“I urge our members and all road users to drive safely, avoid overspending, overtaking at dangerous bends and overloading, and be courteous to other road users,” he stated.

He also advised drivers that all their vehicle papers should be up to date to avoid embarrassment from law enforcement officers on the highways.

Comrade Agbeyangi prayed for a peaceful and joyous celebration, and wished members of the union and Nigerians, a happy prosperous New Year.

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Why we displayed ‘Jesus Christ is not God’ banner at Lekki mosque -Imam

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December 22, 2024

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Why we displayed ‘Jesus Christ is not God’ banner at Lekki mosque -Imam

 

The Chief Imam of Lekki Central Mosque in Lagos, Ridwanullah Jamiu, has said the “Jesus Christ is Not God” banner placed on the fence of the mosque was not intended to provoke anybody. The banner became a source of controversy after a picture of it was shared on social media, with many calling it an…

The Chief Imam of Lekki Central Mosque in Lagos, Ridwanullah Jamiu, has said the “Jesus Christ is Not God” banner placed on the fence of the mosque was not intended to provoke anybody.

The banner became a source of controversy after a picture of it was shared on social media, with many calling it an attack on the Christian faith.

 

Addressing his congregation, Jamiu said the banner was displayed to educate Muslims.

 

He said, “When you come to Lekki Central Mosque, at least you should learn something. You pass by the banners outside, you look here and there, you learn something because Islam treasures knowledge.”

The Imam said all the banners displayed outside the mosque contain Quran and Hadith verses.

 

He said after a photo of one of the banners went viral, he “received calls from the government, local government, and area command appealing to us to please remove the banners because of the festive period.”

 

He said the display of the banners was not to provoke anyone, noting that there’s a difference between propagation of Islam and provocation.

 

“It was not placed there just yesterday. It has been there for about two months or thereabout. We are peace loving people, we don’t provoke anyone. We only propagate our name,” he said.

Jamiu further stated that nobody can monopolise Jesus because Muslims also have what they believe about him as backed by the Quran which calls him Isah.

 

“If you don’t believe in Jesus, you are not a Muslim. We are Muslims and anything we believe must be in consonant with the Quran and the Quran says Jesus Christ is not God, he’s a messenger of God. We quoted this verse in the banner. Is there anything wrong if we paste what we believe on our territory to educate our congregation? It’s a verse of the Quran. This is freedom of religion, freedom of speech,” he said.

 

On the removal of the banner, Jamiu said he received multiple calls ascribing the gesture as cowardice.

 

 

“It is not cowardice. We removed it to let peace reign, to obey our government because we are peace-loving people and also because we know it’s a festive period, people may think it was actually calculated to enrage others. We are going to modify it and put it back. We are not cowards,” he said.

 

The banner has since been replaced with another which says “A

llah is the lord of Jesus.”

 

Why we displayed ‘Jesus Christ is not God’ banner at Lekki mosque -Imam

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CBN fines bank found hoarding cash N150m

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December 22, 2024

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CBN fines bank found hoarding cash N150m

The Central Bank of Nigeria (CBN) has imposed a N150 million fine on a commercial bank for failing to dispense cash through its Automated Teller Machines (ATMs).

This action follows an unannounced inspection by the apex bank, which uncovered deliberate cash hoarding and ATM manipulation by the erring bank.

Sources within the CBN revealed that the sanctioned bank was caught disabling its ATMs, thereby denying customers access to their funds while prioritizing cash disbursements to select VIP clients.

A staff member of the CBN stressed that the apex bank would not tolerate such practices.

“The Bank will not spare any Deposit Money Bank (DMB) caught in the act of hoarding cash or found favoring VIP customers over other customers,” the official stated.

To this end, the CBN has intensified spot checks on banks nationwide, exposing various illicit cash-handling practices by some unscrupulous financial institutions.

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For now, the CBN is imposing financial penalties on defaulting banks. However, according to the official, the next phase of enforcement will include publicly naming and shaming offending banks and prosecuting implicated bank officials.

“This fine is just the beginning. The CBN is determined to hold banks accountable for any actions that undermine public trust and the integrity of the banking system,” the official added.

Despite the ongoing challenges, the CBN has reiterated its commitment to promoting cashless banking in the country.

Another senior official disclosed that the apex bank’s management is intensifying efforts to encourage the use of electronic channels for transactions.

“The frustration faced by account holders is undermining our push for a cashless economy. We are doubling down on initiatives to restore public confidence in electronic banking solutions,” the official said.

CBN fines bank found hoarding cash N150m

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