Pankshin High Court in Plateau on Monday remanded a Community Health Personnel, Mr Philemon Burzal pupolarly known as Brazil, in prison the second time for allegedly raping his patient.
The accused person Brazil, who was a Community Health Extention Worker (CHEW), before his arrest in April was alleged to have raped one Mrs Mary Sunday who was his patient at her resident at Vel Quarters in Pankshin Local Government of Plateau on the pretext of treating her for miscarriage.
Mary was said to have invited the health officer to her resident but the took the advantage of the health challenge to assault her by forcing himself on her and ended up raping her.
He was however arrested by the Police, arraigned and remanded in Prison custody by an Upper Area Court sitting in Pankshin over the rape case but pleaded not guilty to the offence, when the police arraigned him.
“I am not guilty. I did not rape her because she consented to the s3xual act. I actually had s3xual intercourse with her but I did not release my sperm inside her, ’’ he had told the court.
Plateau Justice Ministry took over the prosecution of the case from the Police by first terminating the case before the upper Area Court and filed it afresh before a State High Court..
The Prosecuting Counsel, Mr Nanbol Miner had, in a Motion Exparte, accused Brazil of one count charge of rape saying on April 20, 2017 the accused had gone to the family resident of Mrs Mary Sunday at Vel Quarters in Pankshin Town to attend to her health problem but ended up raping her, therefore committed an offence contrary to section 282 and punishable under section 283 of the Penal Code Law CAP 89 Law of the Northern Nigeria 1963.
When the case came up for mention before Justice Nanpon Dadi of the High Court on Thursday, Miner moved his motion, dated July 19, and asked the court to take the plea of the accused.
When the one count charge was read to the accused, he pleaded not guilty.
“For raping Mrs Mary Sunday on April 20, 2017 at her family home at Vel Quarters in Pankhsin has committed an offence contrary to section 282 and punishable under section 283 of the penal code Law CAP 89 Law of the Northern Nigeria 1963, ’’ Miner told the court.
But Mr M.K. Dapus, the defence Counsel, objected to the prosecuting counsel’s application on the ground that he had already filed a preliminary objection to the motion and a bail application before the court.
“My Lord, this matter is before an Upper Area Court and it can’t be heard as well because it will amount to abuse of court process
“Again, I have just received the reply of the Prosecuting Counsel to my bail application this morning and I will need some time to study it before replying on point of law, ’’ Dapus lamented
Minner objected to such a claim as according to him, the case before the Upper Area Cour had been terminated since June 22, 2017 which necessitated filing of the case afresh before the State High Court (sitting in Pankshin). .
“My Lord, I is true I only served him with the motion objecting to his bail application and the motion applying for the striking out of the defence counsel’s prelinary objection to my Motion Exparte.
“This is because he (Defence Counsel) was in the other court (Upper Area Court) when we terminated that case before filing it afresh before your lordship.
“I here by apply that that motion of preliminary objection be struck out forth with since null and void and having no leg upon which it can stand, ’’ Miner argued.
Dapus however asked for adjournment within which he will study the motion objecting to his bail application.
“My Lord, I will need some time to study it and reply on point of Law, ’’ Dapus pleaded.
The Prosecutiing Counsel however did not object to the application of adjournment.
“But I wish to apply that the accused be remanded in prison custody pending the day the court will give us to return before his Lordship, ’’ miner requested.
The Judge however struck out the motion of preliminary objection of the defence counsel znc ordered the accused to be remainded in prison coustody.
He then adjourned the case to Sept 18, 2017 for hearing of bail application.