A rights group, Initiative Against Human Rights Abuse and Torture, INAHURAT, has condemned the withdrawal of a criminal rape charge filed by the Nigeria Police Force against an Indian national.
The Indian allegedly raped a United States citizen, Ms. Malory Henry, his colleague at a Makurdi-based agro processing company, on March 30, 2023.
A petition about the alleged rape was investigated by the police, leading to the filing of a charge numbered MHC/42C/2023, on May 11, 2023 at a Benue State High Court.
Barrister Maxwell Opara, who addressed journalists on behalf of INAHURAT on Tuesday, said after trial commenced in the rape case, the prosecutor suddenly announced that the charge is being withdrawn, on the instruction of the Inspector General of Police.
Opara said, “The Prosecution duly called its witnesses, including the IPO and the victim. The Defendant’s no-case submission was dismissed on 13th May 2024, and the matter was ripe for defence on 26th July 2024.
“Shockingly, the prosecuting counsel, E.O. Ochayi, Esq., on that day informed the court that the Inspector-General of Police had instructed the withdrawal of the charge. This led to the discharge of the Defendant, not on merit, but purely on the administrative fiat of the Inspector-General. (We have the record of proceedings). We have the signal emanating from the Legal FORCID Department of the Police which further confirms that the directive for withdrawal originated from the IGP himself.”
Opara said the action allegedly taken by the IGP amounted to gross abuse of power and office, breach of oath of office, obstruction of justice, and promotion of lawlessness and loss of public confidence.
“The IGP interfered with a subsisting judicial process, usurping the constitutional role of the judiciary by directing the withdrawal of a case already part-heard and judicially seized.
“The withdrawal of the charge without lawful justification sabotaged the work of the prosecution and denied the victim her right to fair hearing as enshrined in Section 36 of the 1999 Constitution of the Federal Republic of Nigeria as Amended 2011. Such conduct encourages foreign nationals to treat Nigerian soil as a lawless terrain where justice can be bought or influenced. Diplomatic Injury to Nigeria vis a vis U.S. Relations: The victim being an American citizen, this act undermines Nigeria’s international image and sends a dangerous signal that sexual violence against foreign nationals can be swept under the carpet through state connivance,” Opara said.
He added that the, after investigating a complaint on the matter and obtaining certified true copies of police investigations and court proceedings, has written to the President, Attorney General of the Federation, Senate President, Speaker House of Representative, Minister of Police Affairs and Police Service Commission to request immediate disciplinary proceedings against the IGP for gross misconduct, abuse of office, and obstruction of justice.
The group equally asked the Attorney-General of the Federation to ensure the relisting and reinstatement of Charge No. MHC/42C/2023 before the High Court of Benue State, so that the matter can proceed to its logical conclusion in accordance with the law.
It further demanded a presidential directive reaffirming that no police authority has the power to interfere with any ongoing judicial proceedings without lawful justification or the approval of the Attorney-General of the Federation.
Opara noted that the case represents not only an assault on a helpless lady and a “brutal rape” of the Nigerian justice system but also a dent on the Renewed Hope Agenda of the President.
“If an Inspector-General of Police can, by a mere directive, nullify a valid criminal proceeding midway of a grievous crime of rape, then the rule of law has been replaced by the rule of men.
“We therefore implore the President, Attorney General of the Federation, Senate President, Speaker House of Representative, Minister of Police Affairs and Police Service Commission to act swiftly to restore confidence in our justice system, protect the dignity of victims of sexual violence, and reaffirm Nigeria’s commitment to both human rights and the sanctity of judicial independence,” he added.
The rights group said it would involve the international community if the authorities concerned refused to take action.
