Justice Sidi K. Jobarteh has sentenced Moses Ukwai, a local gardener of Kunkujang Mariama to two life imprisonment terms for the rape of a young girl on Easter Sunday 2025. Justice S.K. Jobarteh found Moses Ukwai guilty on two counts of rape under the Sexual Offences Act 2013.
The Accused, Moses Ukwai, was charged with a two-count indictment for rape contrary to the Sexual Offences Act 2013. The prosecution alleged that in April 2025, at Kunkujang Mariama, Moses Ukwai used coercive circumstances to engage in sexual acts with a seven-year-old and an eight-year-old girl on a day intended for celebration Moses Ukwai, who worked at the John Bosco Garden, used the promise of Easter gifts (“salibo”) to lure three young children into the garden, where Ukwai was employed by local priests.
During the trial, the Prosecution called eight witnesses and tendered five exhibits to establish their case beyond a reasonable doubt.
The key testimonies included; the victims: A seven-year-old girl (PW4) testified that Moses Ukwai invited them to the garden to collect Easter gifts (“salibo”) and then called them inside one by one. She recounted how the accused pulled up her dress and assaulted her.
A nine-year-old girl (PW2) corroborated the testimony, stating that Moses Ukwai also assaulted her before giving them gifts. She testified that Ukwai pulled up her dress and inserted his penis into her vagina before allowing her to leave.
Elizabeth Jatta, a registered nurse (PW7), testified that while the girls’ vaginal orifices remained intact, she discovered bruises on the seven-year-old. She testified that while general activities like bicycle riding can cause bruising, the location of the injuries “could not have been caused” by a bicycle.
The mother of one of the victims, testified that she noticed her daughter shivering and running a fever after returning from the garden. She confronted Moses Ukwai, who initially denied the allegations but later allegedly begged for forgiveness.
Accordingly, following the allegations, Ukwai fled Kunkujang Mariama. He was only apprehended a week later, on April 27, after attempting to retrieve a bicycle he had left with a friend.
Moses Ukwai who pleaded not guilty to both counts and testified as the sole witness in his defence. He claimed the allegations were fabricated because he is a foreigner and people in the village “don’t like him”. He maintained that he only spoke to the girls about God and gave them gifts as instructed by the church.
In her final determination, Justice S.K. Jobarteh ruled that the prosecution had established all five essential ingredients for a rape conviction, including penetration and criminal intent (mens rea).
Justice Jobarteh relied formulated its determination based on five essential legal ingredients for the offence of rape, drawing on the precedent of Boniface Adonike v. The State:
Justice Jobarteh relied on the direct testimonies of the victims (PW4) and Lisa (PW2), who both detailed the acts of penetration committed by the Accused after he lured them into the John Bosco Garden. Also, given the ages of the victims (seven and eight years old) and the “coercive circumstances” under which the acts occurred, Justice Jobarteh determined that consent was non-existent.
Justice Jobarteh stated that it was established and undisputed that the victims were not the wives of the Accused. Justice Jobarteh found that the accused acted with the clear intention to engage in sexual acts without consent for PW4, evidenced by his systematic method of calling the children into the garden.
While the defence argued the testimonies were contradictory, Justice Jobarteh noted the medical evidence from Nurse Elizabeth Jatta (PW7), who found bruises on the victims that could not have been caused by a bicycle as the defence suggested.
Furthermore, Justice Jobarteh viewed the accused’s flight from the village following the incident as evidence of a “guilty mind”.
Justice Jobarteh rejected the defence’s claim that the allegations were a fabrication rooted in prejudice against the Accused’s status as a foreigner. Justice Jobarteh ruled that the Prosecution had discharged its burden of proof beyond a reasonable doubt for both counts
In her judgment, Justice Jobarteh outlined the essential ingredients for a rape conviction, citing the Nigerian precedent Boniface Adonike v. The State. The proof of sexual intercourse, lack of consent, the fact that the victim was not the accused’s wife, the presence of criminal intent and penetration.
Before handing down the sentence, Justice Jobarteh emphasised the extreme vulnerability of the victims and the breach of communal trust.
Invoking the maximum penalty under Section 4(1)(bb) of the Sexual Offences Act 2013, the court sentenced Moses Ukwai as follows
On count one rape of a 7-year-old life imprisonment and count two, Justice Jobarteh stated that the prosecution failed to prove penetration of the 8-year-old and Moses was acquitted and discharged on count two for the rape of the 8-year-old.
