Kemisola Oye
FOR indecent treatment of a child and sexual assault, Justice Rahman Oshodi of a Lagos Sexual Offences and Domestic Violence Court sitting in Ikeja has sentenced a man, Onyeka Ubaka to four years imprisonment.
The judge found Ubaka guilty of the two-count charge brought against him by the state government and, therefore, convicted him.
The prosecution alleged that the defendant had an indecent act on a child and sexual assault by caressing her buttocks with his hands.
He was initially arraigned on 12 January 2024 and pleaded not guilty. The prosecution had called a witness who had testified in the case before he approached the commission for a plea bargain.
At the resumed proceeding earlier today, the prosecution counsel, Ms Bukola Okeowo, told the court that they have amended the charge. She prayed the court that the plea of the defendant be taken.
The defendant was, therefore, re-arraigned on an amended two-count charge and pleaded guilty.
The judge asked the defendant whether he understood the contents of his guilty plea and the obligation of the court to give out the maximum sentences on the charges.
Ubaka affirmed that his plea bargain was voluntary and was satisfied by the advice of his counsel. He admitted and pleaded guilty.
Earlier, in the proceedings, the prosecuting counsel called one witness which is the survivor.
The witness, PW1, told the court that the defendant was her boyfriend and had sex with her multiple times, which resulted in pregnancy and childbirth.
When she was cross-examined, the witness told the court that the defendant took her to a bar and gave her yoghurt, after which she lost consciousness and found herself in a hotel where she discovered that the defendant had engaged her in non-consensual intercourse.
Okeowo, therefore, urged the court to sentence the defendant according to his plea bargain.
But the defendant’s counsel prayed the court to temper justice with mercy, pleading with the court to consider the time he has spent in custody. He noted that “he has responsibilities to take good care of the survivor and the baby.”
Justice Oshodi, therefore, sentenced Ubaka to four years imprisonment from the day of his remand and ordered that his name be registered as a sex offender.
“I have found you guilty based on your plea to the information. The facts of this case are particularly troubling as you engaged in a sexual relationship with the victim who was 16 years old in 2023.
“You took her to a bar, purchased yogurt for her, after which she lost consciousness and later found herself in a hotel room where you had sex with her without her consent, which resulted in pregnancy and childbirth.
“I have considered the plea bargain agreement and document attached to it marked Exhibit B, which stipulates that your father, Mr Emeka Ubaka, shall be responsible for 30 per cent of the victim’s educational expenses through completing her degree and also maintain responsibility for the child keep to the age of eight years. Also, note the document marked Exhibit C where your father paid N300.000.00 as hospital expenses to the victim’s mother.”
Eighteen-Eleven Media