CHARS-Africa Condemns Menacing
Misconduct In Rape Cases In Abia
The African Centre for Human Advancement and Resource Support (CHARS-Africa) has vehemently condemned the alleged extant yielding to the request of the victim of rape or their parents or guardians to undermine the powers of the court on the basis of “lack of interest” or “request for out of court settlement” instead of prosecuting the offender until justice is dispensed.
This is contained in a statement signed by
Amaka Biachi, Esq., Executive Director of CHARS-Africa and made available to famousreporters.com, today, Friday, June 27, 2025.
The release read in detail:
MISCONDUCT IN RAPE CASES IN ABIA STATE: A TRAVESTY OF JUSTICE.
The African Centre for Human Advancement and Resource Support (CHARS-Africa) strongly condemns the alleged disturbing trend whereby 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 victim or the parents or guardians on the basis of “lack of interest” or “request for out of court settlement” instead of prosecuting the offender until justice is dispensed.
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, the minor and serve as a deterrent to the offender. Furthermore, it undermines public confidence in the justice system, and exposes vulnerable children to further risks.
CASE IN POINT
A particularly disturbing matter is a case of child defilement with details; Commissioner of Police v. Ogechukwu Ekeledo, Charge No: U/358C/2024. The matter was dismissed and the defendant discharged, but not on merit, by His Worship Adaugo I. Onyebueke (Mrs), Chief Magistrate Grade I, following an alleged request by the parents of the minor expressing their lack of interest to continue with the proceedings.
Some Provisions of Law on the subject matter:
✓ Section 218 of the Criminal Code, Cap. 80, Vol. 3, Laws of Abia State, the defilement of a girl under thirteen is a felony punishable with life imprisonment. Attempting same carries 14 years imprisonment.
✓ 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.
✓ 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.
✓ Plethora of Federal and International laws on rape and defilement are available.
OUR DEMANDS AND RECOMMENDATIONS
- Review: The Abia State Attorney General and Commissioner for Justice should without delay audit all rape/defilement cases dismissed, withdrawn or struck out in the past twenty-four (24) months.
- Disciplinary Action: Erring police prosecutors should face sanctions under the Police Act, 2020.
- Judicial Vigilance: Magistrates and Judges should reject any prosecutorial submission for withdrawal without formal application from the Attorney General of the state. Such persons seeking to undermine the powers of the court, whether victim or relation should be decisively dealt with.
- Training and Sensitization: Continuous legal education should be provided for police prosecutors, judiciary and the citizens.
- Strategic Litigation: CHARS-Africa will not only consider initiating strategic litigation to curb this practice, but will involve in naming and shaming of the human clogs to the wheel of justice.
CONCLUSION
We submit, unequivocally, that the withdrawal or striking out of rape cases on grounds of “lack of interest” is unlawful and emboldens offenders. Such misconduct must be met with zero tolerance for negotiations in view of protecting our loved ones and upholding the rule of law in Abia State and beyond.
It is therefore without much ado that justice for victims of sexual violence is not negotiable.
Signed:
Amaka Biachi, Esq.
Executive Director
+234(0)803 553 2707
