Adamawa: Man Gets 30-Year Jail Term For Impregnating Daughter

An Upper Area Court I sitting in Ganye local government area, on Thursday, convicted and sentenced a man, Jediel Sylvester, to 30 years imprisonment for impregnating his daughter.

The upper area court presided by Hon. Kabiru Musa, convicted and sentenced the defendant on the offence of incest to 15 years’ imprisonment with an option of N500,000 fine pursuant to section 377 of the Penal Code Law of Adamawa State, 2018.

On the offence of criminal intimidation, Hon. Kabiru sentenced him to 10 years’ imprisonment with an option of a fine of N250,000, pursuant to section 383 of the Penal Code Law of Adamawa State, 2018.

For the offence of assault, he is sentenced to  5 years’ imprisonment without the option of fine pursuant to Section 242(b) of the Penal Code Law of Adamawa State, 2018.

According to the judge, the sentences shall run consecutively, and the defendant has the constitutional right of appeal against the judgment to the High Court of Adamawa State within 30 days from the day of judgment.

While delivering his judgement, Hon. Kabiru stated that being mindful that a conviction based on a plea of guilty, particularly in a grave offence of this nature, must be approached with utmost caution, the court, in compliance with the law, directed the Prosecuting Counsel, Abdulrahman Njidda Esq., to call evidence in corroboration of the plea of guilty, hence the calling of the victim.

The judge said that the most disturbing was the testimony of the victim that the defendant habitually beat, intimidated and forced her into sexual intercourse whenever he desired.

Hon. Kabiru held that the testimony of the victim remained clear, direct and consistent and fully corroborated the defendant’s voluntary plea of guilty.

According to him, in compliance with the defendant’s constitutional right to a fair hearing pursuant to Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the court afforded him another opportunity to reconsider and, if he so desired, change his plea. Still, he, however, declined the opportunity and unequivocally maintained his plea of guilty”

“Having carefully considered the statement of complaint, the unequivocal plea of guilty entered by the defendant, the oral testimony of the victim in corroboration thereof, and the entire record before the court, I am satisfied that the prosecution has proved the offences charged beyond a reasonable doubt as required by law”

“A plea of guilty, once voluntarily made and corroborated where necessary, constitutes the strongest evidence against an accused person. In the instant case, there exists not only the defendant’s confession in open court but also credible testimony from the victim herself, leaving no room for doubt as to the defendant’s criminal responsibility”, Hon. Kabiru stated.

He declared that the case represents one of the gravest forms of betrayal known to both law and humanity, saying parenthood is a sacred trust imposed by nature, morality and the law and that every child is entitled to protection, care and guidance from their parents.

He lamented that the defendant, however, turned the sanctuary of his home into a place of fear and abuse; rather than protect his daughter, he preyed upon her repeatedly until she became pregnant, thereafter attempting to conceal his wrongdoing by encouraging falsehood and seeking to terminate the pregnancy.

He pointed out that incest is not merely an offence against the individual victim; it is an assault upon the family institution and a threat to the moral fabric of society.

He further stated that the court has a solemn duty to denounce such conduct in unmistakable terms and to ensure that justice is done not only for the victim but also for society at large.

He further declared that courts must remain a refuge for the vulnerable and must never permit perpetrators of sexual violence within the family to escape the full consequences of their actions.

“Accordingly, I find the defendant, Jediel Sylvester, guilty and he is hereby convicted for the offences of Incest, Criminal Intimidation and Assault contrary to Sections 367, 382 and 242 of the Penal Code Law of Adamawa State, 2018”.

The defendant, Jediel Sylvester, was brought before the court on a direct criminal complaint alleging the offences of incest, criminal intimidation and assault, contrary to Sections 367, 382 and 242 of the Penal Code Law of Adamawa State, 2018, and punishable under the relevant provisions of the said Law.

The particulars of complaint disclosed that the defendant, who is the biological father of the victim, repeatedly subjected his own daughter (name withheld) to sexual intercourse through force, intimidation and physical assault, resulting in her pregnancy.

The first complainant, Mohammed Audi, further alleged that after discovering the pregnancy, the defendant attempted to conceal his criminal conduct by persuading the victim to accuse another person falsely and later sought to procure an abortion to destroy the evidence of his crime.