An Ikeja Sexual Offences and Domestic Violence Court on Monday sentenced a Olawale Olarewaju, a security guard to life imprisonment for having sexual intercourse with a 12-year-old girl.
The trial judge, Justice Rahman Oshodi, berated lapses and delay in justice on the part of the Ikoyi Custodial Centre to bring the defendant, who had been in prison custody for eight years to court.
According to him, the case had been struck out for want of diligent prosecution by retired Justice Sybil Nwaka when the custodial centre did not produce him before the court for arraignment inspite of the issuance of reproduction warrant between 2016 and 2019.
He said:”the defendant was in Ikoyi Custodial Centre and remained there for about eight years from the day of his remand until he was produced before me in January 3, 2023 for arraignment.
“The preceding demonstrate gaps in the operation of the Nigeria Correctional Service.
“It is mind-boggling to hear that the defendant has been in Ikoyi Custodial Centre since 2016 but was brought to court for the first time in 2023.
“The correctional centre was directly responsible for the defendant’s long period of awaiting trial and this is appalling.”
Oshodi, while delivering the judgment, held that the prosecution proved the ingredients of defilement with charge number LD/2359C/2016 against the defendant.
According to him, the survivor, ( now 18 years old) testified before the court that she was 13 years when the incident happened and that the defendant was a security guard at a construction site.
He said that the survivor told the court that defendant forcefully had sex with her when she went to fetch water at the site.
The judge said: “The survivor gave her testimony and said that she went to fetch water at the construction site where the defendant work when he came from her back, close her mouth and found herself in the room with him.
“She said that the defendant ‘tore my clothe, forcefully had sex with me and I started having pains in my vagina.’
“She testified further that she informed her parent about the incident and the father reported the case at nearest police station.
“The survivor further told the court that she was taken to Mirabel Medical Centre for examination.”
Oshodi said that the evidence of the survivor was corroborated with that of her father who was the prosecution witness two.
He said that the survivor gave a vivid and unshaken testimony of what the defendant did to her.
“The defendant denial does not hold waters as he admitted knowing the prosecutrix but made a u-turn during cross-examination that he did not know her.
“He also admitted that the survivor came to the compound to fetch water,” he said.
The judge held that the defendant contradicted himself and made his evidence-in-chief unreliable.
He thereafter convicted him of the charge and sentenced him to life imprisonment.
Justice Oshodi said that the convict’s name be entered in the Sexual Offences Register maintained by Lagos State Government.
The prosecution called two witnesses during trial while the defendant testified as sole witness.
According to the prosecution, the offence contravenes Section 137 of the Criminal Laws of Lagos State, 2015
