By Amadou Jadama
Two Nigerian doctors, Ikenna Nwabulike and Chukwudi Collins Nwabulike, have been acquitted and discharged on three charges of conspiring to commit felony, supplying drugs or instrument to procure abortion and rape.
The case was before Magistrate Krubally of the Banjul court who, highlighting the failure of the prosecution to prove its case against the accused persons, said it is better for 99 prisoners to escape from jail than convicting one innocent person.
The accused were on Count One alleged to have conspired to supply drugs or instrument to procure abortion in 2019, while Count Two said they unlawfully supplied the said drug knowing it will be used to procure the miscarriage of one Somkenechwu Gabby Okeke.
The third count accused one of them, the 1st accused, of intentionally, and under coercive circumstances engaged in a sexual act with a woman who was affected by mental incapacity.”
The duo was first arraigned in July 2022 pleading not guilty.
They were initially granted bail which was subsequently revoked for non-compliance with the bail conditions.
In his judgement, the presiding magistrate said in criminal law and procedure, the obligation and responsibility rest on the prosecution to prove its case beyond all reasonable doubt. In this case, he said the prosecution called three witnesses and tendered exhibits.
“During the course of the prosecution’s case, the accused were also represented by different counsels. After the closure of the prosecution’s case, and the defense counsel led by Edward Antony was overruled by this Court with a view that considering the oral and documentary evidence presented before by the prosecution through its witnesses, that the two accused have a case to answer.
“It is again prudent to note that the prosecution in establishing its allegations to prove same, did not bring any evidence or drug that was used to procure abortion by these accused persons. In the light of this huge lacuna and non-production of such evidence by the prosecution indeed left much to be desired and left in the realm of conjecture, “he stated.
Magistrate Krubally went on: “This failure by the prosecution makes me totally agree with the defense counsel in the person of the Learned Senior Counsel Edward Antony Gomez in his address before judgement that the prosecution failed to present any qualified medical practitioner to testify as an expert witness to verify the veracity of the allegations against the accused persons.”
“Interestingly, to speak, it is overwhelmingly stated and strongly established by and during the evidence in chief of the alleged victim, she denied undergoing any abortion process as alleged by the prosecution. She also denied that the second accused person ever supplied her with drugs for abortion, “Magistrate Krubally sad.
He added during her testimony, the alleged victim also denied having any mental impairment that affects her ability to reason independently.
“From these aforementioned facts before this honourable court, it is evidently clear that the first and second accused persons have no hand in conducting any abortion, “he added.
In the count for the allegation of rape against the first accused person, Magistrate Krubally said the prosecution failed to produce any independent evidence that supports its claim, or bring any qualified medical doctor as a witness who conducted any medical examination on the victim.
“There was no medical report that shows the victim was raped by the first accused person and when the alleged victim herself came to testify, she denied all the allegations against the accused persons.
In the light of the foregoing, the said two accused persons are hereby discharged and acquitted of all the three counts preferred against them. This is my judgment and I make no further orders thereafter. Accordingly, prosecution is reminded of its right to appeal in the event it is dissatisfied with this judgement, ” Magistrate Krubally said.
