COMMISSIONER OF POLICE v. CPL EKO BAM FCT/HC/CR/179/14
FACTS
The accused was arraigned on 21/11/14 on 1 Charge of having unlawful sexual
intercourse with one Emmanuella Bam Eko, his biological child contrary to section
31(1) of the Childs Right Act 2007 and punishable under section 31(2) of the same
Act. The Defendant pleaded not guilty to the charge. The child testified that she
was 15 years old when her father started sleeping with her forcefully. He would
beat her up and refuse to feed her or pay her School leaving Examination fees if
she refused to sleep with him. It was after the neighbor’s discovered that she broke
down and confided in them before the case was reported at a popular radio
programme in Abuja known as the “Berekete Show”. When this was discovered,
the victim was taken to the hospital where the doctor confirmed repeated sexual
intercourse with the victim. The Defendant denied the allegation and the
prosecution called 5 witnesses to prove the allegation against the defendant
ISSUES FOR DETERMINATION: Whether the prosecution has proved his case
as charged beyond reasonable doubt against the accused.
RESOLUTION OF THE COURT
The court made the following findings:
a) The Victim, who testified as PW3 had been sexually active,
b) The testimony of the victim was doubtful because she did not complain
about the act, she did not give the date the incidents happened and she did
not explain how it happened since the family of father, step mother and 6
brothers all lived in a one bedroom apartment.
c) A Doctor testified as PW5 and gave evidence of repeated sexual assault.
d) The evidence adduced by the prosecution only raised issues of suspicion and
did not connect the accused to the crime. The accused person was then
discharged and acquitted for lack of evidence.

Select target paragraph3