An Edo State High Court sitting in Benin, on Friday, discharged and acquitted a Lecturer with the University of Benin (UNIBEN), Dr. Omowumi Olabode Steven Ekundayo, who had been standing trial on alleged rape of a student of the institution.
Dr. Omowumi Olabode Steven Ekundayo, of the Department of English and Literature, was alleged to have demanded for sex from Miss Anita Adesuwa Efosa, a twenty-one (21) year old, 400-level female student for marks on 5th October, 2021. The lecturer, popularly known as “Dr. Bode Steve Ekundayo”, had been successfully assessed for an Associate Professor, in the Department of English and Literature, University of Benin, hitherto accused of raping Anita Efosa in his office at ‘Faculty Complex’ in broad daylight on 5th October, 2021.
The scandal went viral worldwide 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. The university don was arrested, detained for several weeks, and arraigned for alleged rape, but was later granted bail on stringent conditions.
However, after over three years of the legal battle, the High Court in Benin on Friday, discharged and acquitted the accused, citing lack of substantial proof and evidence against the accused.
Ruling on the Suit marked B/CD/8CV/22 on Friday, Justice (Mrs.) Mary Itsueli stressed that the prosecution team failed completely to prove their case against the accused beyond all reasonable doubts. The erudite Judge asserted that even if anyone was to 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 summarised the outcomes of the examinations and cross examinations of all the witnesses, including Principal Witness 1, Miss Anita Efosa, the alleged victim, and then 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 maintained 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. In addition, 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.
Besides, 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 held 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 telltale signs of rape have to be shown in the medical report and the scene of alleged crime. These were not established in any way.
Justice Itsueli also relied on the indepth investigation by the Investigation Police Officers (IPO) who examined both the accused and alleged victims physically and visited the scene of alleged rape. 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. The judge concluded that the whole thing was a clear setup, as in the Police report.
Citing 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.
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