Kemisola Oye
A Lagos Special Offences and Domestic Violence Court sitting in Ikeja has sentenced Elistan Kumagbo to life imprisonment for defiling two sisters aged 8 and 4.
Justice Rahman Oshodi held that the prosecution had proven the case of defilement and sexual assault by penetration beyond any reasonable doubt.
The crime was committed on 6 February 2021 at No 34, Olowolagba Street, Yaba, Lagos.
Elistan was arraigned on 4 May 2022 and pleaded not guilty. However, in delivering the judgment, Justice Oshodi found him guilty, citing the two sisters who are the victims who gave detailed and corroborating evidence, his alleged oral confession to the father in his presence, confessional statement at the Police station during investigation and medical reports confirming sexual abuse.
“Elistan Kumagbo you have been found guilty of two serious offences against children, one is the defilement of an 8-year-old girl and sexual assault by penetration of a 4-year-old girl.
“You exploited their vulnerability and betrayed the trust of their family. During the criminal trial, I heard evidence of how you repeatedly subjected these young girls to sexual abuse.
“You have shown no remorse for your actions, throughout the trial, you denied knowing these children. Section 137 of the Criminal Code Law prescribes life imprisonment, and Section 261 of the Criminal Code Law prescribes life imprisonment for sexual assault by penetration.
“Having considered the circumstances of these cases I hereby sentence you as follows. Count one, you’re sentenced to life imprisonment. On count two, you’re sentenced to life imprisonment. The sentences run concurrently.”
Justice Rahman Oshodi also ordered that his name be registered as a sex offender.
Eighteen-Eleven Media reports that the prosecution called five witnesses. PW1, Monday, the victims’ father; PW2, second survivor; PW3, first survivor; PW4, IPO Racheal of Sabo Police Station, Yaba, and PW5, IPO Adeyemi Oluremi. The defence called just one witness which is the defendant himself.
During the trial, PW1, the victims’ father, told the court that the defendant was his brother though they are not blood-related as both came from the same village and that he always entrusted his children to his neighbour’s care whenever he went to work.
He told the court that when he got home on that fateful day, a neighbour called Iya David told him that the defendant had sexually abused his daughters. When he confronted the defendant, he admitted in his presence that he had sexual intercourse with the first survivor four times and penetration with the second victim’s vagina twice.
PW2, the second victim, told the court how the defendant inserted his fingers into her vagina. According to her, the incident was reported to her father by Iya David.
PW3 was the first victim and she told the court how the defendant penetrated her sister’s vagina, removed her underwear, covered her mouth and prevented her from shouting.
PW4 and 5, the IPOs, tendered the statements of the victims and their father and the defendant as well as medical reports.
The defendant, in his defence, stated that he never made the confessional statements, he also stated that the accusation arose from PW1.
On being convicted, the defendant’s counsel prayed to the court for mercy on behalf of the defendant.
The prosecution counsel, Bukola Okeowo, urged the court to convict and sentence the defendant as the case of defilement and sexual assault have been proved.
“My Lord the defendant was seen as a brother by the complaint because they came from the same village. The convict not only breached the trust of the family but took advantage of two sisters, 8 years and 4 years. He should be sentenced in accordance with sections 137 and 261 of the Criminal Code Law and this should also pass a message to the society”, she stated.
Eighteen-Eleven Media