In a landmark ruling that underscores the judiciary’s zero-tolerance stance on sexual violence against children, the Bundung High Court on Tuesday convicted and sentenced Amadou Wurry Barry to mandatory life imprisonment for the rape of an eight-year-old girl in May 2022.
Presided over by Her Ladyship Justice I. Janneh, the court found Barry guilty of rape contrary to Section 3(1) of the Sexual Offences Act, 2013, after a trial that spanned nearly four years. The judgment, delivered in open court, highlighted overwhelming evidence of the brutal assault on a vulnerable child during the festive period of Eid al-Fitr (Koriteh).
The Charge and Trial Proceedings
Barry, a baker by profession, was arraigned on November 23, 2022, following an information filed on July 18, 2022. He pleaded not guilty to the single count of rape, placing the burden squarely on the prosecution to prove its case beyond a reasonable doubt.
The State, represented by W.S. Madu, called six witnesses and tendered key exhibits. The defence, led by F.C. Anyanwu, cross-examined vigorously and called only the accused as a witness, while tendering police statements of three prosecution witnesses as defence exhibits.
Prosecution’s Evidence: Eyewitness Account, Victim Testimony, and Medical Proof
The victim, PW3, an eight-year-old Grade 4 pupil, testified in camera. She recounted how, on the morning of May 3, 2022—the second day of Koriteh—she volunteered to buy smoked fish from the market. On her way back near Tippa Garage in the Kanifing Municipality, Barry allegedly approached her from behind, grabbed her, and dragged her into a carpentry workshop (described variably as near a welding garage or bathroom area). There, he removed her trousers and inserted his private part into hers, causing intense pain that made her cry out for help.
A man soon arrived, prompting Barry to flee on his bicycle. The victim later saw him passing near her compound, leading to his apprehension by members of the public.
PW1, Muhammed Trawally, a donkey handler, provided crucial eyewitness testimony. While heading to check on his donkey and seeking a spot to urinate, he heard cries and entered the area to find Barry sexually assaulting the child, who was reportedly standing on a 20-litre gallon. When PW1 intervened, Barry allegedly attempted to strike him with an iron object before fleeing. PW1 pursued and, with public assistance, caught Barry, who was then taken to the Marche Ngelew Police Post.
The victim’s mother, PW2 (Adama Cham), testified that her daughter left home to run an errand and did not return promptly. She heard crying and learned from a veiled woman that a donkey driver had interrupted a man assaulting the child near a welding workshop. The mother described her daughter’s subsequent pain, particularly during defecation, and the hospital visit where injuries were noted.
PW4, Dr. Yaya Bah, a medical officer with over five years’ experience in obstetrics and gynaecology, examined the victim on May 4, 2022, at Kanifing General Hospital. He found visible bruises on vaginal entry and a 3cm tear in the perianal region with bruises and blood clots. Although laboratory swabs tested negative for sperm (possibly due to time elapsed or washing), Dr. Bah emphasized that diagnosis relies 70% on history, 20% on physical examination, and only 10% on labs. He concluded the findings were consistent with forceful sexual penetration.
Police witnesses (PW5 and PW6) detailed the arrest, medical referral, and recording of the accused’s cautionary and voluntary statements, in which he denied the offence but made admissions placing him at the scene with the victim.
Defence Case and Court’s Evaluation
Barry testified as the sole defence witness. He claimed he was cycling to buy flour with D35,000 when children, including the victim, approached him for “salibo” (Eid gifts). He said he had nothing to give, after which a mob allegedly attacked, throttled, and robbed him of money, bicycle, and phones before accusing him of rape. He denied the assault, describing the location as a public highway where such an act would be impossible, and alleged police brutality.
Justice Janneh meticulously addressed the issues:
- Proof of Sexual Intercourse: The court accepted the victim’s clear and compelling testimony, corroborated by PW1’s direct eyewitness account and Dr. Bah’s medical findings of injuries consistent with penetration. Minor discrepancies in peripheral details (e.g., PW1’s reason for being in the area or omissions in police statements) were deemed non-material and did not undermine core credibility.
- Coercive Circumstances: As the victim was only eight years old—well under 16—the law deems consent impossible. Physical force (grabbing from behind, dragging, and penetration despite cries) was also established.
- Corroboration: Required under Section 180(2)(a) of the Evidence Act for sexual offences, it was amply provided by the independent eyewitness (PW1), medical evidence, recent complaint/distress (mother’s observations), and Barry’s own cautionary statement admitting presence with the victim in the bathroom area.
- Identification: Identification by the victim and the eyewitness, plus Barry’s admissions, left no doubt. His defence of random mob attack and robbery lacked supporting evidence and contradicted his earlier statement.
- Overall Proof Beyond a Reasonable Doubt: The court found the prosecution’s case overwhelming, dismissing the defence as a bare denial strained by inconsistencies.
Citing precedents on corroboration in rape cases (where acts often occur privately) and the principle that minor inconsistencies do not destroy credible testimony, Justice Janneh convicted Barry to a Mandatory Life Imprisonment.
During allocutus, defence counsel pleaded for mercy, noting Barry’s status as a married father, breadwinner, first-time offender, and apparent remorse. The State urged a deterrent sentence, emphasizing the offence’s gravity against a defenceless child.
Justice Janneh stated: “Rape is among the most serious offences known to the law… Where the victim is a child, the offence becomes even more abhorrent.” Quoting Nigerian jurisprudence, she described such acts as worse than animalistic, polluting the innocence of children.
Barry was sentenced to life imprisonment. He retains the right to appeal the conviction and sentence.
