Court remands tiler for defiling 9-year-old girl
Remand
By Joy Kaka
Abuja, March 4, 2020 (NAN) An FCT High Court Kubwa, on Wednesday, ordered that a 44-year-old tiler, Anthony Onuchukwu, who allegedly defiled a nine-year-old girl, be remanded in a correctional facility, pending formal bail application.
Onuchukwu, a father of four children is charged with defilemnt.
Justice Kezziah Ogbonnaya adjourned the case untill May 18, 19, 20 and 21 for hearing.
Ogbonnaya in her ruling, ordered the defence counsel, Elom Aneke, to make a formal bail application, in order for the court to see reasons to grant it.
Earlier, the prosecution counsel, Adama Musa told the court that the defendant unlawfully had sexual intercourse with a nine-year-old girl at Tunga Wakili, Dei-dei, Abuja on Nov. 19.
He said the defendant threatened to kill the girl if she told anybody about it, adding that the offence contravened Sect. 31 (1) of the Child Rights Act.
The defendant pleaded not guilty to the charge.
Aneke made an oral bail application citing Order 5, Rule 3 of the Chief Justice Practice Direction on Criminal Trials.
The citation states that the prosecution counsel, shall serve the defendant all documents to be relied on, five days before trial.
According to him, the defendant was served on March 3 at noon and engaged a counsel in the evening on same day.
” Based on this, we were unable to make a formal bail application and urge the court to exercise its discretion to the defendant’s favour and grant bail in the most liberal terms, ” he said.
The defence counsel also cited Section 36 of the 1999 constitution which presumes the defendant innocent until proven otherwise.
The prosecution counsel, however opposed to the bail saying that if granted, the defendant may influence, interfere and intimidate prosecution witnesses.
He said Section 36 of the 1999 constitution as amended, which presumes a defendant innocent, was not an automatic ticket for the court to exercise its discretion to the favour of the defendant.
He however urged the court to refuse the bail of the defendant. (NAN)
JK/SH
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edited by Sadiya Hamza