A Kaduna Chief Magistrates’ Court on Wednesday ordered that one Muhammad Isah-Saleh, accused of defiling his two daughters, who are three and seven years be remanded in a correctional facility.
The court presided over by Musa Lawal, gave the order after the prosecutor, Sulaiman Ibrahim-Kufena told the court that the accused committed offence of defilement and incest.
The accused who pleaded not guilty, prayed the court to stand down the matter because his lawyer was in another court representing him on same charges.
The court earlier heard that the accused was not served with the new charges levelled against him by the prosecution.
The court also learnt that his lawyer, Murtala Baba was neither in court to brief the court.
The Judge in his ruling held that since the accused was not served and his lawyer who could have addressed the court properly was absent, the prosecutor should serve the accused before the next sitting.
Mr Lawal adjourned the matter until March 30.
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Earlier, the state prosecutor, Ibrahim- Kufena stated that the state had sought legal advice to charge the accused before a high court and the case file was before High Court II.
Meanwhile in an interview with newsmen after the adjournment, the prosecutor said that the court had no legal right to continue the case, as it could only act on the First Information Report.
“That was the reason we approached a high court. It is only a high hourt that can entertain rape and incest cases,” he said.
He said the defendant was charged with rape and incest which contravened the provisions of sections 258 and 370 of the Kaduna Penal Code.
“If convicted for rape, the accused will be sentenced to life imprisonment, while in the case of incest, he will be convicted to not less than 14 years in prison,” he said.
Meanwhile, the Kaduna State Government has applied for the custody of the minors to enable government take proper care of them.
The state Commissioner for Social Development, Hafsat Baba made the prayer before a Sharia Court, sitting in Rigasa where the accused was first filed.
NAN
