Umar Alhaji Mustapha was given a 25-year prison sentence by a magistrate’s court in Damaturu, Yobe State, for raping and having incest with his daughter Fatima, then 18 years old.
According to the sitting magistrate, Mohammed Bilyaminu, the prosecution has proven all elements of sections 390 and 283 of the penal code.
According to The Nation, while reading the witness’ testimony, the court related that PW 1, a police inspector, had proven during his testimony that the defendant had multiple sexual encounters with his daughter against her will, leading to pregnancy. But the baby passed away right after delivery.
The court stated that the prosecution was able to establish that the accused after impregnating the daughter, gave her N25,000 to abort the pregnancy which she refused.
The same evidence was collaborated by Fatima, the victim under cross examination, who also testified that her father became very angry with her after realising that she was pregnant and did not obey his instruction to abort the pregnancy and started threatening her.
The Chief Magistrate, Mohammed Bilyaminu, pronounced the accused guilty of incest and rape under section 390 and 283 of the penal code.
He sentenced him to five years with a compulsory fine of N5,000 for the offence of incest and 20 years for the offence of rape with a fine of 10,000.respectively.
Before the pronouncement of the judgement, the accused was given the chance to plead for mercy, which he did requesting the court to temper justice with mercy.
“I have an aged mother and other dependent to take care off,” the accused said.
The convict by the pronouncement of the judge has 30 days to appeal against the judgement.