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Saturday, March 4, 2023 – Justice Adekunle Adeleye of an Ado-Ekiti Excessive Courtroom, has discharged and acquitted a 55-year-old college lecturer, Dr Ayinde Samuel Olukayode, of alleged rape case.
Olukayode, who lectures on the Ekiti State College, had been standing trial on the alleged offence of rape opposite to the provisions of Part 31 (c) of the Little one’s Rights Legislation, Cap C7, Legal guidelines of Ekiti State, 2012.
The lecturer, who was arraigned on March 7, 2022, had pleaded not responsible to the allegation of raping a 12-year-old lady, names withheld, in August 2020.
In his judgment, Adeleye held that the prosecution witnesses had created doubt within the thoughts of the court docket with the discrepancies within the proof. The decide stated that the prosecution had did not show the case past cheap doubt.
He, due to this fact, discharged and acquitted Olukayode of the offence of rape for inadequate claims.
Throughout the trial, the prosecution had known as 4 witnesses and tendered 4 reveals, whereas the defendant known as 5 witnesses.
The prosecution, by way of the witnesses, claimed that the defendant allegedly had carnal information of the sufferer a number of occasions, whereas the sufferer instructed the court docket that she didn’t inform anyone.
The sufferer claimed to have noticed blood stains on her pant. The medical physician that examined the sufferer confirmed that her hymen was damaged, affirming that there was a minute contemporary harm on the lady’s exterior genitalia with out discharge.
The sufferer stated that in June 2021, a bunch led by the State Legal professional-Common got here to Christ’s Ladies College to provide a sensitisation lecture the place she wrote down the Ministry of Justice’s helpline dictated to the scholars by the Legal professional-Common.
She stated she confided in a person and he helped her inform considered one of her academics who later briefed the Principal and in flip contacted the State Sexual Referral Centre.
The daddy of the sufferer, Olatunji Ojo, who testified on Oath, as a defence witness, instructed the court docket that Olukayode didn’t rape his little one as a result of the person is a ‘’father to all.”
Nevertheless, Olukayode, in his defence, claimed that he was battling with erection dysfunction, which medically couldn’t place him to have any sexual activity.
The defendant’s spouse, Eunice Olabisi, additionally testified that her husband couldn’t have intercourse along with her, regardless of romances for the previous 5 years because of erectile dysfunction, and due to this fact, couldn’t have dedicated the offence.
Counsel to the defendant, Oladele Adedeji, submitted that proof led by the prosecution by way of the witnesses didn’t hyperlink the defendant with the fee of the offence levelled towards him.
Mr Adedeji famous {that a} medical examination should have been carried out when the matter was contemporary to point out how the hymen of the lady was damaged.
He urged the court docket to discountenance the proof led by the prosecution since she had failed to ascertain the components of the offence of rape past cheap doubt.
The counsel prayed the court docket to discharge and acquit his consumer for lack of proof and affirm his innocence.
The prosecution led by a Counsel from the State Ministry of Justice, Ibironke Odetola, submitted that the prosecution had confirmed the responsible of the defendant past cheap doubt, by way of the witnesses and prayed the court docket to convict the defendant as charged.
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