By MARIE-THERESE NANLONG
A Jos-based civil society practitioner and human rights advocate, Jacob Pwakim, has expressed concern over the withdrawal of an alleged child defilement case by the Plateau State Ministry of Justice, describing the development as one that raises “serious constitutional and public-interest concerns.”
The case, involving the alleged defilement of a four-year-old child, was withdrawn while proceedings were ongoing before High Court 15 in Jos.
The case, marked PLD/J12CR/2026, The People of Plateau State vs. X, was being prosecuted before the court when the charges were withdrawn through an open court application on May 21, 2026.
It would be recalled that Justice Mary Izam had in March 2026 issued a bench warrant for the arrest of the accused after he repeatedly failed to appear in court despite being duly notified of hearing dates.
The withdrawn charge was said to be contrary to Section 33(1) and punishable under Section 33(2) of the Plateau State Child’s Rights Law, 2005.
At the time, the matter was being prosecuted by the International Federation of Women Lawyers (FIDA), Plateau State branch, acting on behalf of the state through a fiat granted by the State Attorney General, Barrister Philemon Daffi.
However, the fiat was later withdrawn from FIDA before the charges were subsequently discontinued.
Activist raises constitutional concerns
Reacting to the development, Pwakim disclosed that the representatives of the Plateau State Attorney-General relied on Section 211 of the 1999 Constitution (as amended) in discontinuing the matter, effectively terminating proceedings against the accused person.
While acknowledging the constitutional powers granted to Attorneys-General in criminal prosecutions, he argued that Section 211(3) of the Constitution requires that such powers be exercised in the public interest, in the interest of justice and in a manner that prevents abuse of legal process.
“This development therefore raises important constitutional and public-interest questions that deserve independent review,” he stated.
Pwakim further disclosed that the arrest warrant earlier issued had neither been executed by the court bailiff nor the police, adding that the court reportedly maintained that the warrant remained valid.
“The allegations involve a highly vulnerable child. A four-year-old has no one to fight for her under this circumstance except citizens who must call on the Plateau State Government to revisit the use of such powers by the Attorney-General,” he said.
Calls for independent review
The activist warned that the withdrawal of the case at a time when incidents of violence and abuse against children were on the rise could weaken public confidence in the justice system and child protection mechanisms in Plateau State.
He called on the Office of the Attorney-General of the Federation, the Nigerian Bar Association, the Plateau State Government, the National Human Rights Commission, civil society organisations, Amnesty International, UNICEF, the media and rights advocates, including Omoyele Sowore, to push for an independent review of the circumstances surrounding the withdrawal of the charges.
Pwakim also commended the International Federation of Women Lawyers and the Nigeria Association of Women Journalists in Plateau State for what he described as their leadership on the matter.
He noted that Plateau State is among states that have domesticated the Child Rights Law, which places obligations on government to protect the welfare and best interests of children.
“In a matter of this nature, involving serious allegations supported by medical reports and public concern, many citizens reasonably expected that the case would proceed to full judicial determination,” he noted.
He added that “silence in matters affecting vulnerable children can have lasting consequences,” stressing that the protection of children must remain a priority for both government and society.