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Mohammed Shosanya
A Benin High Court,Friday discharged and acquitted a University of Benin lecturer, Dr. Omowumu Steven Ekundayo, who was accused of accused of raping a student of the institution,Anita Efosa in his office.
In her verdict,Justice (Mrs.) Mary Itsueli, maintained that the prosecution team failed completely to prove their case against the accused beyond all reasonable doubts.
She held that if anyone would believe the claims of the alleged victim in their face value, there is no substantial required proofs or evidence whatsoever to establish sexual intercourse or rape.
Justice Itsueli upheld the no-case submission filed by the defense counsel and former Attorney General and Commissioner for Justice, Edo State, Dr. Osagie Obayuwana, maintaining that the evidence of the PW 1 (the nominal complainant) was not corroborated with the submissions of the other five prosecution witnesses.
The judge also said that the prosecution team further failed to tender the University Health Centre Medical Test Report as exhibit to the court during the trial because the result and findings therein obviously vitiated and negated their claims.
She held that the report from Vivian Centre which was conducted a day after the alleged incident and tendered as evidence failed to scientifically show the evidence or proofs of rape.
She further held that the Vivian Medical Doctor,who presented the report admitted before the court that there was no way sexual intercourse or rape could be established after 24 hours and so based his findings predominantly on the alleged victims oral history and claims.
Itsueli maintained that the prosecution team could not establish the three main ingredients of rape which she listed to be penetration,sexual intercourse and no consent,adding that the penetration must be linked with the defendant and tell-tale signs of rape have to be shown in the medical report and the scene of alleged crime.
These were not established in any way, she maintained.
She also relied on the indepth investigation by the Police Investigation Officers (IPO),who examined both the accused and alleged victims physically and visited the scene of alleged rape.
According to her,the Police report stated clearly that there were no bruises on their bodies,no torn clothes and the office of the defendant said to have been broken into to rescue the girl is yet intact.
Citing a plethora of legal authorities, Justice Itsueli averred that the prosecution case is bereft of evidence.
“In a criminal case, the claimant is required to prove his/her case beyond all reasonable doubts. I found no reason to call the defendant to enter the dock for his defense. The No-Case Submission of the defense counsel is hereby upheld.
“The case is hereby dismissed for lack of evidence and the accused is discharged and acquitted”, Justice Itsueli ruled.
The don, popularly known as “Dr. Bode Steve Ekundayo”, was accused of raping Anita Efosa in his office at ‘Faculty Complex’ in broad daylight light on October 5th, 2021.
The scandal went viral and consequently, the accused was issued a query and placed on interdiction pending the investigation of the case by the Police and final determination in court.
He was detained for several weeks and arraigned for the alleged offence but was later granted bail on stringent conditions.
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