By Mariama Marong
In the rape and abortion trial involving a mentally challenge victim (name withheld), her sister Nkemdilim Alison Okeke, testified before Chief Magistrate Omar Cham of Banjul Magistrates Court.
The Defence team in this case was represented by Counsels Kijera and Sheriff Kumba Jobe while Counsel Trawally appeared for the Inspector General of Police (IGP).
In this case, Justice Ikenna Nwabulike is standing trial on rape while Chukwudi Colline Nwabulike is also standing trial for supplying drugs or instrument to procure abortion. The two are jointly charged with conspiracy to commit felony, contrary to the laws of The Gambia.
According to the particulars of their offences, Justice Ikenna Nwabulike and Chukwudi Collins Nwabulike sometime together in the year 2019 in Banjul and diverse places in the Gambia, conspired amongst themselves to commit felony in supplying drugs procured for abortion.
Chukwudi Collins Nwabulike also in the same year in Banjul, unlawfully supplied drugs knowing that it is intended to be used to procure the miscarriage of one victim.
Justice Ikenna Nwabulike, in the same year in Banjul and diverse places in the Republic of The Gambia, intentionally coerced and engaged in sexual acts with the victim, who is affected by mental incapacity.
During examination by Counsel Trawally, prosecution witness Nkemdilim Alison Okeke narrated that her mother gave birth to triplets and all of them were girls which includes herself, the victim and her other sister; that they were born prematurely and it was during that moment the victim had a complication, leading to her mental condition.
Alison Okeke noted that she recognised the accused persons through her sister; that she first met the accused persons a few years ago at a birthday and since then, she only met them from her sister’s.
According to her, due to the condition of the victim, their relationship was not that strong because she is always in isolation and received individual educational system unlike them. She said the victim has difficulties in understanding issues and finds it hard to think on her own. She testified that due to the situation of her sister, their mother asked them to return to The Gambia so that she can have means to her life.
Alison said the victim and one of the accused persons (Justice Ikenna Nwabulike) were in a relationship and used to go to the accuse person’s house and even spent days without returning home.
“I can also recall that one particular night in 2019, the victim came back from the accuse person’s house and woke up in the middle of the night complaining of stomach pain. She was going and coming back and forth from the bathroom and that was the time we took her to the Kanifing General Hospital. There were no doctors around only nurses and the nurse who attended to her, prescribed some medicine for her,” Alison testified; that the victim disclosed to her that the accuse persons gave her some pills to drink and inserted some in her private part after being impregnated by the first accused person (Justice Ikenna).
The matter was adjourned to 25th of August 2022, at 1:30 for cross examination by the defence team.
