A Bauchi State High Court on Wednesday granted bail to the embattled husband of a victim of alleged rape, Samaila Yusuf.
The presiding judge, Justice L.K. Umar, granted bail to Yusuf after 11 days of incarceration pursuant to Order XV Rule 4 of the Fundamental Human Rights (Enforcement Procedures) Rules 2009 of Section 45 of the 1999 Constitution.
The Country Director of a Human Rights Organisation, Barrister Mohamed Alkassim, had after a human rights group approached the court for justice to enforce the section of the Constitution against the violation of the rights of Yusuf in suit No. BA/82M/2024,.
Samaila Yusuf’s arrest had caused outrage after he allegedly reported to the police that he caught the immigration officer raping his wife in front of his two children on December 9, 2023.
Although the rape suspect was arrested by the police after the report, he was released on bail in less than 24 hours.
Dissatisfied, the couple approached the African Child Development and Human Rights Protection, seeking justice and requiring Mohammed Alkassim, on behalf of the victim, to write a petition letter addressed to the Bauchi Commissioner of Police, Mohammed Auwal of Police, dated December 22, 2023.
However, rather than re-arresting the suspect as the victim prayed, the police, in a dramatic twist, instead arrested the husband of the victim.
The development came almost two weeks after the victim accused the CP of failure to act on their petition and explained that her husband was arrested by some policemen who came to their house on the allegation order of the Deputy Commissioner of Police in the Command.
Alkassim Mohammed condemned the police for failing to carry out their duties on an allegation as serious as rape but easily arresting the husband of the victim.
When contacted, the Police Public Relations Officer for the Command, Ahmed Mohammed Wakil, denied that the police failed to investigate the suspected allegation of rape levelled against the immigration officer by the housewife.
“The Commissioner of Police had directed the Deputy Commissioner of Police, Criminal Investigation Department, to investigate,” he said.
“The case was investigated, and the two lawyers who raised the petition—Nazir Umar and Aliyu Mohammed—came to the Criminal Department, and a case of this magnitude of rape was mentioned.
“It is a capital offence, and the investigation is still ongoing, and the outcome of the investigation will be revealed to the public.”
On the arrest of the victim’s husband, the PPRO said, “He is also charged with aiding and abetting offences within the kidnapping and the command received a petition from Nazir Umar and Co. Chambers on behalf of their client Sani Saleh Mauzu against the said Yusuf Samiala, and based on that, the suspect (rape victim’s husband) was arrested.”
The victim, in tears, had appealed to the Inspector General of Police to come to her aid and ensure that the suspect was re-arrested and investigated.
Alkassim expressed joy that Yusuf had regained freedom and called on human rights groups to come to the aid of the wife by urging the police to carry out a proper investigation of the allegation of rape.
The presiding judge has fixed February 29, 2024, as the return date for the hearing of the motion on notice, with the Commissioner of Police, Bauchi State, and the suspected rapist, Sani Muazu, as respondents.
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