When the case came up before the court on today , the court heard that the accused was not served with the new charges levelled against him by the prosecution.
The court also learnt that his lawyer, Baba Ibi was neither in court to brief the court whether his client was serve or not.
To this end, the magistrate court Judge, Musa Lawal ruled that, ‘ In view of the fact that the accused was not served, and his lawyer who could have address the court properly was conspiously absent in court, l hereby ruled that the prosecutor should serve the accused before the next sitting. The accused should also be remanded in prison custody until all processes are followed.
Earlier, the state prosecutor, Suleiman Ibrahim Kufena had told the court that in compliance with the court directives that the prosecutor should have legal advice on what to do with the accused.
He said, ‘Am happy your lord to inform you that we have sought legal advice to chargethe accused before a competent high Court. His case file is before High Court Two now .
Meanwhile in an interview with journalists after the adjournment, the prosecutor Kufena said the court has no legal right to continue the case, saying the court can only act on the First Information Report. That was the reason we approach a high court. It is only a high Court can entertain for rape and incest cases.
According to him, the accused is being charge for rape and incest which are contrary to sections 258 of the Kaduna penal code and 370 respectively.
‘If convicted for the rape, the accused will be sentenced to life imprisonment, while in the case of incest he will be convicted to not less than 14 years in prison.
Meanwhile, the Kaduna State Government has applied for the custody of the minors to enable the government take proper care of them.
The State commissioner for Social development, Hajiya Hafsat Baba made the plea before a sharia court sitting in Rigasa ,where the accused was first brought before it.