Alleged Rape: Court Frees Victim’s Husband After 11 Days In Detention

A High Court in Bauchi has granted bail to Samaila Yusuf, the husband of a woman allegedly raped by Sani Sale Mua’zu, a serving Deputy Superintendent of the Nigerian Immigration Service (NIS), Bauchi State Command.

Yusuf, who had been in incarceration for 11 days, was granted bail by the Presiding Judge, Justice L. K. Umar, pursuant to Order XV Rule 4 of the Fundamental Human Right (Enforcement Procedures) Rules 2009 and Section 45 of the 1999 Constitution.

The bail followed a petition by the Country Director of a human rights organization, Barrister Mohamed Alkassim, in suit No: BA/82M/2024.

Alkassim informed the court that Yusuf’s arrest had caused outrage after he reported to the police that he caught the Immigration officer raping his wife in front of their two children on December 9, 2023. Although the rape suspect was initially arrested, he was released on bail in less than 24 hours.

Dissatisfied, the couple approached the African Child Development and Human Rights Protection seeking justice.

Alkassim, in a petition letter dated December 22, 2023, addressed to the Commissioner of Police, Mohammed Auwal, explained that instead of re-arresting the suspect, the police arrested Yusuf.

The victim’s husband was arrested by policemen allegedly on the order of the Deputy Commissioner of Police. This incident occurred almost two weeks after the victim accused the Commissioner of Police of failing to act on their petition.

Alkassim criticized the police for their failure to properly investigate a serious allegation like rape, while quickly arresting the victim’s husband.

The Police Public Relations Officer (PPRO) for the Command, Ahmed Mohammed Wakil, denied that the police failed to investigate the allegation against the immigration officer.

He stated that the case is still under investigation and the outcome will be made public.

On Yusuf’s arrest, Wakil said that he is charged with aiding and abetting offences related to kidnapping. The police acted based on a petition received against Yusuf.

He said,”He is also charged for aiding and abetting offences to within kidnapping and the command received petition from Nazir Umar and Co chambers on behalf of their client Sani Saleh Muazu against the said Yusuf Samiala and based on that the suspect (rape victim husband) was arrested.”

The victim, in tears, appealed to the Inspector General of Police for help, urging that the suspect be re-arrested and investigated.

Alkassim expressed relief at Yusuf’s release and called on human rights groups to assist the wife by urging the police to conduct a proper investigation into the rape allegation.

Justice L. K. Umar has scheduled February 29, 2024, for the hearing of the motion on notice, with the Commissioner of Police, Bauchi State, and the suspected rapist, Sani Muazu, listed as respondents.