Kemisola Oye
JUSTICE Oyindamola Ogala of a Lagos High Court sitting in Ikeja earlier today convicted and sentenced an Okada rider, Monday Olukunle (popularly known as Seaman), to seven years imprisonment over his involvement in gang raping of a sixteen-year-old girl at an uncompleted building.
The judge, while delivering judgment found the defendant guilty of the charge brought against him by the Lagos State government.
The prosecution had arraigned him on three counts of charges bordering on conspiracy, abduction and defilement.
The court, however, found him guilty of conspiracy and abduction of a 16-year-old at an uncompleted building but discharged him of count three, which deals with defilement.
Justice Ogala held that the prosecutor was unable to prove beyond reasonable doubt the offence of defilement having not presented key witnesses to testify in the course of the trial.
She held the defendant’s confessional statement and found him guilty of conspiracy and abduction.
“The alleged victim did not testify or identify the defendant. It is instructive that neither the persons who arrested the defendant, the alleged friend nor the Chairman of the Estate testified in respect of the charge of defilement linking the defendant with the direct act.
“These witnesses are vital in establishing the guilt of the defendant. The court therefore finds that the prosecution failed to satisfy the court that the defendant indeed defiled the said victim”
The judge also held that the evidence of PW2 and PW3 sufficiently corroborates the fact of the confession of the convict.
The court, therefore, found that the attempt to dissociate him from the entirety of the events of the incident is an afterthought and holds not much weight given the facts before the court.
Justice Ogala, therefore, sentenced Olukunle to seven years imprisonment and ordered that the convict’s term commence from the date he was remanded on 30 September 2022 and shall be concurrent.
The prosecution witnesses had during trial told the court that Olukunle and another (now at large) on 30 September 2022 at No. 15, Ralitu Daramola Street, Abogunleko, Ikotun area conspired to abduct the survivor to an uncompleted building to gang rape her.
The prosecution counsel called three witnesses: a medical doctor, Nnani Nkechi Jane, Mordi David and a Police Inspector, Yemi Amoo, while the convict testified for himself in defence.
Editor’s Note: Picture used for illustrative purposes only.
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