By Onoriode Etatsemi
AN Asaba high court presided over by Honourable Justice Onome Marshal-Umukoro has convicted and sentenced a thirty-five year old man, Idris Hassan (m), to life imprisonment for committing rape offence.
The accused was arraigned before the court on a one count charge of Rape, punishable under Section 218 of the Criminal Code Law Cap C21 Vol. 1 Laws of Delta State of Nigeria 2006.
He was alleged to have on 22nd day of August, 2022 had unlawful carnal knowledge of a minor aged 8 years.
He pleaded not guilty to the charge.
The prosecution led by Mrs Patricia Uche Akamagwuna, Director Sexual Offences, Domestic Violence and Childs’ Rights Unit in the Delta State Ministry of Justice, called six witnesses, and the tendered confessional statement of the Defendant.
The prosecution told the court that the survivor was at home with her two elder siblings when the accused who is a gate man to their neighbour, lured her to come and “take biscuits”.
When she got there, the accused forced himself on her in which the survivor’s neighbour caught him in the act and he was subsequently arrested by men of the Nigerian Police ‘B’ Division, Asaba.
In his defence he denied the charge and retracted the confessional statement stating that there was no sexual contact between him and the survivor.
Delivering his judgement, Honourable Justice Onome Marshal-Umukoro held that, he believed the evidence of the prosecution, and that the prosecution had proved their case beyond reasonable doubt.
The court thereafter convicted and sentenced the defendant to life imprisonment
In a related development, another High Court sitting at Kwale, Delta State has sentenced another rape culprit to 8 years imprisonment.
It was criminal charge between The State versus Peace Nigeria (first accused) and Goodness Ezekiel (second accused), presided over by Honourable Justice O F. Enenmo.
Delivering judgment the judge discharged and acquitted the first accused (Peace Nigeria) and sentenced the second accused (Goodness Ezekiel) to fifteen (15) years imprisonment with hard labour for offence of rape.
The first accused, (Peace Nigeria) was arraigned on a three-count charge of, aiding, abetting and procuring another person to commit a felony to wit: rape contrary to section 4(3) and punishable under section 4(1) of the Violence against Persons Laws of Delta State 2020.
The second accused (Goodness Ezekiel) was arraigned on a one count charge of rape punishable under section 4(1) of the Violence against Persons Laws of Delta State 2020.
The defendants pleaded not guilty to the charge.
The prosecution led by (Mrs) Ejovwokwe Arhuere Oghorodje, a Deputy Director in the Ministry of Justice, told the court that, the second defendant (Goodness Ezekiel) had carnal knowledge of the victim without her consent in the presence of the first defendant (Peace Nigeria).
The prosecution proved its case by direct oral evidence of four witnesses called, confessional statements as well as a medical report tendered and admitted as exhibit.
The first accused (Peace Nigeria) told the court that she knows the survivor, that she is her neighbour and that her father used to drive her out of the house because he cannot fend for her, that the survivor’s father asked her to be his girlfriend and she refused. That is why he connived with the daughter to frame her in this case.
Goodness Ezekiel on his part told the court that he knew Peace Nigeria who is his proposed fiancée and denied his earlier confessional statement as extra judicially extracted.
However during cross examination, he admitted having had sexual intercourse with the survivor while his fiancée was asleep.
Delivering judgement, Hon Justice O. F. Enemo found the first accused not guilty of the two-count charge brought against her while the second accused Goodness Ezekiel was found guilty of the offence of rape contrary to section 3(1) and punishable under section 4(1) of the Violence against Persons Law of Delta State, 2020.
The court thereafter sentenced him to fifteen years imprisonment with hard labour.
Speaking to newsman after judgments, Mrs. P. U. Akamagwuna Director Sexual Offences commended the Judges for a well delivered judgments stating that the ministry of Justice will continue to uphold the zero tolerance policy and continue the prosecution, naming and shaming of all sex offenders in the State and its territory.
“The convicts Idris Hassan and Goodness Ezekiel have been registered in the Delta State sex offenders register and their details uploaded to the national database.
This is in line with the provisions of the Violence Against Prohibition Persons Laws of Delta State, 2020”, she stated.
