The Bauchi State High Court 7 sitting in Bauchi has discharged and acquitted an assistant headmaster of Jibril Aminu Model Primary School in Bauchi who was standing trial for alleged case of rape levelled against him.
In his ruling, the chief judge of the state High Court, Justice Aliyu Usman, stated that the accused was arraigned on rape charges at the state High Court of Justice on the 23rd December 2013, punishable under section 283 of the penal code of law.
The assistant headmaster, Mr James Dantayi who had been charged in suit BA/04c/2014 for allegedly raping a 9-year old pupil of Jibril Aminu Model primary school, Hauwa Yakubu Ahmed, of Federal Low cost, Bauchi, regained his freedom.
Justice Usman said under the provisions of Section 35(5) of the Nigerian Constitution (as amended), it is not the duty of an accused to prove his innocence, stressing that the onus of proof rests with the accuser.
“It is not the duty of an accused to prove his innocence; it is the accuser that must prove the accused person’s guilt,” Justice Usman stated.
“Where there are gaps or conflicting versions in the evidence adduced by the prosecution, the court will take the version favourable to the accused.”
The chief judge maintained that the prosecution also failed to produce the police statement that the accused person made when he was arrested in 2013.
“The prosecution also failed to prove that the accused was at the premises of the school at the time when it was said the act took place. Accordingly, the accused is hereby discharged and acquitted.”
Speaking after the judgement, lawyer to the accused, Obadiah Bichi, said his client had been vindicated because he was innocent.
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