Kemisola Oye
FOR defiling an 11-year-old girl, Justice Rahman Oshodi of a Lagos Domestic Violence Court, Ikeja, has sentenced a 64-year-old man, Lateef Durojaiye, to life imprisonment.
The judge sentenced Durijaiye earlier today after finding him guilty as charged by the Lagos State government.
The judge held that his case has a complex history, noting that the defendant was charged on one charge of defilement and initially arraigned on 5 August 2021, to which he pleaded not guilty.
The case was struck out on 29 November 2021 for want of diligent prosecution but was relisted to the court. The defendant was re-arraigned on 22 May 2022, and he also pleaded not guilty.
The defendant was again re-arraigned before the court on 16 April 2024, where he also pleaded not guilty to the charge, which states that he allegedly committed the offence on 30 November 2019 at about 15 hours at No 7, Alibaba Andrew Street, Ikorodu, Lagos. He was said to have defiled 11 an 11-year-old girl by having unlawful sexual intercourse with her.
While delivering the judgment, Justice Oshodi held that the prosecution had proved beyond reasonable doubt that the defendant defiled the survivor.
The prosecution counsel, Mr Babajide Boye, had during the trial called five witnesses; PW(1) the survivor’s mother, PW(2) the survivor, PW (3) the Investigation Police Officer (IPO), PW(4) the nominal complainant neighbour and PW(5), a medical doctor.
The witnesses told the court that on 30 November 2019 while the survivor’s mother was out purchasing goods for her shop, the defendant, who is a neighbour, visited her residence and had sexual intercourse with the survivor.
The prosecution had also told the court that the crime was discovered five days later where the survivor was observed lipping which some witnesses said she wasn’t walking properly.
A medical doctor (PW5) also corroborated other witnesses’ testimonies while giving a medical examination of discovered injuries which are consistent with forceful penetration.
The defendant’s counsel presented two witnesses. The defendant testified for himself as DW1 and his cousin DW2.
In his defence, the defendant claimed to be on Lagos Island on the day of the alleged incident. He claimed that it was a fabricated story by the landlord whom he had issues with and that the survivor’s mother was the landlord’s woman friend.
The judge, however, dismissed the evidence of the defendant and held that the prosecution proved a defilement case against him.
The court held that the testimony of the survivor was believable. She had narrated to the court that, “On that day, he (defendant) came to our house and gave me a phone, he put the phone on video, and the film was x-rated, and he asked me if I could do what they are doing in the video.
“On 30 November 2019, the defendant came to buy garri, I shut the door and was sleeping, I had a feeling that someone was taking off my underwear and before I could open my eye he has taken off his trouser and brought out his penis when I was struggling with him, he used a pillow to cover my mouth and put his penis in my vagina”
She also told the court that she threatened to report him to her mother, but the defendant said, “If I report to my mother, he is going to kill me.”
The survivor’s testimony was corroborated by the PW1 (her mother), who had told the court that “when she opened her laps, she had injuries.”
They told the court that the defendant’s elder brothers offered bribes and asked them to settle.
“The defendant’s elder brother and junior brother came to meet me at home. They ask me to forget the matter that they will give me N300,000.00
“I told them I did not need their money, and I said Baba, you too have a female child, why don’t you bring your own daughter, let my father sleep with her because you cannot accept what you’re telling me to accept”
Justice Oshodi thereafter sentenced the defendant to life imprisonment.
The judge held that “The victim did not only endure physical trauma but the physiological burden of keeping the secret under threat.
“I, therefore, sentence you to life imprisonment and your name should be registered as a sex offender as maintained by the Lagos State government.”
Eighteen-Eleven Media