Amnesty International Nigeria has condemned the Plateau State Government for dropping a defilement case involving a four-year-old child, calling the move a miscarriage of justice and an abuse of the legal process.
Speaking at a press conference in Jos on Wednesday, the organization called for the criminal charges against the defendant to be reinstated immediately, noting that he had been allowed to go free even though a bench warrant for his arrest was still in force.
Isa Sanusi, the Country Director of Amnesty International Nigeria, said the organization is demanding that the state government overturn the decision and let the case move forward.
“We are here in Jos, Plateau State, as Amnesty International Nigeria to demand that the Plateau State Government continue with the case of a four-year-old survivor of rape,” Sanusi said.
He stated that the case, which was before the Plateau State High Court in Jos, involved a defendant who allegedly kept refusing to appear in court, which led the court to issue a standing bench warrant for his arrest.
However, Sanusi said that prosecutors from the office of the Plateau State Attorney General discontinued the trial in May 2026 by invoking Section 211 of the 1999 Constitution.
He said this development allowed the defendant to go free even though the bench warrant was still in force.
“Amnesty International, alongside other human rights groups, civil society organizations, the media, and all concerned citizens who care about justice, absolutely reject the profound miscarriage of justice unfolding in Plateau State,” he said.
Sanusi stated that the power of the Attorney General to discontinue criminal proceedings must be exercised in the public interest and in the interest of justice.
“The Constitution is explicit that the Attorney General’s power to discontinue criminal proceedings must be exercised in the public interest, the interest of justice, and the need to prevent abuse of the legal process,” he said.
He queried, “How is dropping a mid-trial sexual abuse case involving a four-year-old in the public interest? How does protecting a fugitive defendant serve the interest of justice? How does this align with the Plateau State Child Rights Law 2005 and the Violence Against Persons Prohibition Law 2022?”
Sanusi warned that if the withdrawal were permitted to stand, it could establish a dangerous precedent and erode public trust in the justice system.
“This sudden withdrawal is an abuse of the legal process and will set a dangerous precedent and create distrust in the judicial system. If allowed to stand, it will send the message that people can commit sexual violence and get away with it,” he said.
He likewise dismissed any idea of settling the matter out of court.
“There is nothing like forgiveness or out-of-court settlement when it comes to sexual abuse of a child,” Sanusi said.
He urged the Plateau State Government to reverse the decision and reinstate the case.
“We are calling on the Plateau State Government to retrace its steps. This is not a political matter. It has nothing to do with sentiment. This is a human rights issue,” he said.
Sanusi also called on the state governor, who he noted was a lawyer, to intervene and ensure justice for the child.
“That is why we came from Abuja to appeal to the government before it is too late. We appeal to His Excellency, the Governor, who is a lawyer himself and understands the value of justice, to use his good offices to ensure justice is done,” he said.
The Amnesty International country director demanded that the Attorney General immediately reverse the withdrawal and restore the case to the High Court.
“We also demand a transparent, public explanation detailing the legal, logical, and moral justification for abandoning this vulnerable child,” he said.
He also urged the police to execute the court-ordered bench warrant against the defendant.
“To the Nigerian Police, we demand immediate execution of the court-ordered bench warrant to apprehend the defendant so that trial can continue. The police are meant to protect the law and the vulnerable, not big men and politicians,” Sanusi said.
Barbara Magaji, the program manager of Amnesty International Nigeria, who also spoke, stated that the organization had engaged with the Plateau State Government before bringing the matter into the public eye.
She explained that Amnesty sent a letter to the Attorney General requesting an explanation for why the case was discontinued and also submitted a petition to the governor.
“We are aware of the constitutional powers under Section 211, but as the director highlighted, those powers must still be subjected to constitutional tests. We got a response saying it was done in the interest of Section 211, but we do not think that is sufficient,” Magaji said.
“Our concern is the survivor. The girl child is at risk if this continues. We want people to know that we did not just come here without engaging the relevant parties. We engaged the AG, but the response was not sufficient because the case has not been reinstituted. Secondly, we petitioned the governor. We are yet to get a response, but we will keep pushing,” she added.
Magaji stated that the survivor was in a critical state at the time Amnesty got involved in the case.
“The survivor was in a terrible condition. She could not even stand on her feet. We made an application to the State Attorney General, who saw the survivor and the nominal complainant. He was moved to ensure justice for the survivor, and he granted us fiat to prosecute,” she said.
She mentioned that the matter first came up in court on February 12, 2026, but the defendant failed to appear.
“He never appeared in court. We expected that when the fiat was returned to the Attorney General, he would pursue the case, as is the normal thing to do. But on the 16th, the charge we filed was withdrawn. So as we speak, the case has been withdrawn,” Magaji said.
Jacob Pwakim, Secretary of the Let The Case Proceed Campaign, voiced the concerns of civil society organizations in the state, stating that the development had left Plateau residents disappointed.
“We, as the civil society in Plateau State, are deeply disappointed and pained. This is not just about one four-year-old girl; it is about all the children of Plateau State. If a four-year-old cannot get justice, which child can?” Pwakim said.
He stated that the campaign was formed by concerned citizens to demand that the case be allowed to proceed.
“We cannot have a system where bench warrants are ignored and cases are withdrawn to protect an accused person. That is not public interest, that is public betrayal,” he said.
On her part, the prosecution counsel in the case, Stella Samuel, stated that the prosecution had worked to pursue the matter prior to its discontinuation.
“I was granted fiat by the Attorney General of Plateau State after he saw the survivor himself. We filed the charge and did everything lawfully required. But from February 12, 2026, when the matter first came up, the defendant refused to come to court. He was served, he was aware, but he treated the court with contempt,” Samuel said.
She noted that the court subsequently issued a bench warrant for the defendant’s arrest.
“The court, in its wisdom, issued a bench warrant for his arrest. That bench warrant is still subsisting as we speak. The defendant has not been arrested. Instead, what we saw in May was a notice of discontinuance from the same office that gave us fiat. It is shocking and legally questionable,” she said.
Samuel mentioned that the prosecution was ready to proceed with the case, adding that witnesses and evidence were available.
“We as prosecutors were ready to proceed. We had our witnesses, and we had our evidence. The survivor, despite her trauma, was willing to get justice through the process. But with the withdrawal, the whole effort has been truncated,” she said.
She called on the Attorney General to reinstate the case, arguing that it remained prosecutable.
“This case is still prosecutable. The law allows the Attorney General to reinstate it. We urge him to do so in the interest of justice, in the interest of that four-year-old child, and in the interest of Plateau State’s reputation as a state that protects its children under the Child Rights Law,” Samuel said.
