The National Association of Niger state Law Students (NANIGLAWS) on 2nd January, 2021 hold a mock/mock trial In honour of Nigeria Bar Association Minna/Suleja branch respectively.
The program was beautiful and the presiding worships recommended the effort of the participants and the Executives.
One of the presiding judges Her worship, Samira Wambai Esq addressed the Counsels that no matter how beautiful your argument is in paper you must know how to present it well in court.
She called upon all the law Students in the session that they should be serious about their academics and it's important you know all theoretical aspects of the law not just procedural laws.
She added; Law profession is different from other profession. You must Remember everything you were taught in school to practice it.
The Court sessions are two First session is mock while the Second session is moot.
You might be interested on the fact of the Case.
It goes as;
Miss Aisha Buhari a young lady in her prime and bright student in Nigeria takes on the academic establishment when she reports a popular professor who raped her.
Miss Aisha Buhari just got admitted into the Federal University of Technology Minna Niger state to study Chemistry a four (4) years program at the age of eighteen (18) years. Being the eldest daughter of a commissioner everything is at her disposal as she is neither lacking financially nor educationally.
The accused person was charged before the trial court on one count charge of Rape contrary to section 282 and 283 of the Penal Code. The particulars alleged that he the (accused the person) at Tsohon Hannu Hostel on the 28th day of January 2020. Had a carnal knowledge of Miss Aisha Buhari without her consent.
The prosecution called 3 witnesses including the prosecutrix and the defence called 2 witnesses.
Thus the present case arose because the accused person was alleged to have sexually engaged a student, either forcibly or upon terms that later became controversial. The student (Aisha Buhari) who was the complainant at the trial court alleged non-consensual sex (rape) by Prof: Bala Sani, contrary to sections 282 and 283 of the penal code law.
Below is the Video of the first session
In the first session the judgement is given in the favour of the prosecutor. Then, the accused person having been not satisfied with the judgement of the trial court his counsel filed an appeal.
Grounds OF APPEAL
GROUND ONE
(1) THE TRIAL COURT ERRED IN LAW WHEN IR HELD THAT THE PROSECUTING COUNSEL ESTABLISHED THE INGREDIENTS OF RAPE
PARTICULAR(S) OF ERROR:
From the evidence before the court, it is very clear that the victim was not forced or Under any form of duress ”more so that pw2 categorically stated that she was a regular customer at the hotel and with deferent men.
It is also very clear that there is nothing before the court showing that the sexual pleasure was without the consent of the victim.
There was nothing in the medical report directly linking the act of penetration directly to the accused as pw3 on record clearly informed the court thus “ I am not sure if that was the first time the vagina was penetrated”
GROUND TWO (2) THE TRIAL COURT ERRED IN LAW WHEN ITS HELD THAT, THERE WAS NO CONTRADICTION IN THE TESTIMONIES OF THE PROSECUTION WITNESSES
PARTICULAR(S) OF ERROR: The pw1 said that the accused was the first to have sexual pleasure with her.
The pw2 testified that she is a regular customer in the hotel and she used to come with deferent men.
The pw3 also testified that he was not sure if that was the first time the vagina was penetrated.
GROUND THREE
(3) THE TRIAL COURT ERRED IN LAW WHEN ITS HELD THAT THE CONFESSIONAL STATEMENT WAS VOLUNTARILY MADE BY THE ACCUSED
PARTICULAR(S) OF ERROR:
The confessional statement was not voluntarily.
It was very clear from the record of appeal that the Accused dress was strip off forcefully and leaving him degraded and shivering Under the hazard of a winter-ridden night and in a freezing temperature.
It was very clear that he gave his statement because he expected the cooperation of the police to give him warmer clothing.
RELIEFS SOUGHT FROM THE COURT OF APPEAL
AN ORDER to allow this appeal and to set aside the decision of trial court
AN ORDER to discharge and acquit the appellant
PERSONS DIRECTLY AFFECTED BY THE APPEAL.
APPELLANT
PROFESSOR BALA SANI
C/O His counsel
A.K Abubakar Esq.
Y. Chiroma Esq.
A.A. Zakari Esq.
AND
RESPONDENT
The State Ministry of Justice
Niger state.
C/O His counsel
Mohammed Awal Esq.
Halima Sayyadi Esq.
Ibrahim Abubakar Agaie Esq.
Below is the video of the second session
Happy Watching.
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