“We are not objecting to the nolle prosequi filed by the State Counsel. However, we are objecting to the consequences of being “discharged” only. It’s our position that at this juncture considering the evidence adduced before this court particularly exhibit G, it’s just proper that accused person Bubacarr Keita in this circumstances of this case is acquitted and discharged,” Lawyer Kadijatou Jallow, who is part of the accused defence team said.
“My lord, we refer you to Section 238 of the CPC that gives you the power to acquit and discharge Bubacarr Keita at this stage of the trial with or without nolle bearing in mind that PW 8 maintained that Baby Muhammed is a consequence of the alleged rape. I therefore urged the court to acquit and discharge Bob Keita. Most importantly, it’s justice in the case under the principle of equity and fairness,” she concluded.
In his ruling on whether to acquit and discharge Bob Keita on the single count of rape, Justice Momodou S.M. Jallow said: “It’s unnecessary to hear the prosecution having heard him move the nolle prosequi with a view to stop the proceeding in this case. Whenever such an application is filed, the court readily deals with them as required by law.”
“However, the accused person is acquitted and discharged in order to enable him move on with his life as a young man since the props of the prosecution case was that a single rape, a child was conceived which as the DNA report concludes that the accused person Bubacarr Keita has been excluded by scientific evidence argues in Exhibit 10 is hereby acquitted and discharged for the single count of rape contrary to Section 3 Sub-Section 1 of the Sexual Offences Act 2013 and punishable under Section 4 paragraph 2 CC of the Sexual Offences Act 2013.”
Meanwhile, the DNA result which was conducted by the Ghana Police Service and read in the court by Justice Momodou S.M. Jallow excluded Bubacarr Keita as the biological father of the (late Baby Muhammed). The DNA result also excluded Pa Modou Njom, the victim's boyfriend, as the biological father of the late Baby Muhammed.
