In a notable ruling on March 25, 2025, a court convicted and sentenced Abubacarr Saidykhan to 3 years and 7 months in prison for defiling a girl aged between 16 and 18 in 2021—a term he has already served while in custody. After sentencing, Justice Ebrima Jaiteh ordered his immediate discharge from remand prison, allowing Saidykhan to walk free.
The conviction stems from a guilty plea to the charge of defilement under the Sexual Offences Act, which carries a maximum penalty of seven years. However, Justice Jaiteh opted for a reduced sentence after carefully weighing a plea in mitigation presented by Saidykhan’s counsel, C. Ojoku. “In light of these considerations, I hereby sentence Abubacarr Saidykhan to a term of imprisonment equal to the time he has already served: 3 years and 7 months,” the judge declared. “Given the time already spent in custody, I order that the convict be discharged forthwith.”
Justice Jaiteh acknowledged the “serious nature” of the offense but invoked Section 29 of the Criminal Code to impose a more lenient sentence. He highlighted Saidykhan’s early guilty plea as evidence of his willingness to take responsibility, noting that the first-time offender had “expressed genuine remorse for his unlawful conduct in engaging in sexual intercourse with a minor, a serious offense that is both unacceptable and condemned in this jurisdiction.”
During the mitigation plea, Counsel C. Ojoku portrayed Saidykhan as “deeply remorseful” and urged the court to “temper justice with mercy.” Ojoku emphasized his client’s sincerity, his role as the primary breadwinner for his family, his care for an elderly father, and a medical condition, arguing these factors warranted leniency. “My Lord, the convict has saved the court’s time by pleading guilty and seeks a chance to rebuild his life,” Ojoku pleaded.
Saidykhan was initially charged with rape in 2021, a charge he denied. The prosecution presented five witnesses and submitted exhibits to support their case. On July 12, 2024, the charge was amended to defilement, to which Saidykhan subsequently pleaded guilty, leading to his conviction and the sentence handed down this week.
The ruling has sparked mixed reactions. Some view it as a balanced exercise of judicial discretion, while others question whether the punishment adequately reflects the gravity of the crime. For now, Abubacarr Saidykhan returns home, his time behind bars deemed sufficient by the court.
