Justice Rahman Oshodi of the Ikeja Sexual Offences and Domestic Violence Court, on Tuesday, convicted and sentenced a 26-year-old carpenter, Tayo Akinboyewa, to life imprisonment for having unlawful sexual intercourse with his neighbour’s 12-year-old primary school pupil.
The judge said he was satisfied that the prosecutrix (victim)’s testimony that Akinboyewa had sexual intercourse with her was corroborated by the medical report.
He said that the prosecution had proved the charge of defilement against Akinboyewa.
According to him, there was abundant evidence that the convict (Akinboyewa) had sexual intercourse with the victim, who, to his knowledge, was a child and the victim gave a direct eyewitness account.
He further said that the convict confessed in exhibit G (Statement made at the police station), that he had sexual intercourse with the victim twice, which the medical report and Akinboyewa’s confessional statement corroborated the victim’s.
The judge held that the evidence and testimony of the victim’s mother and the Investigative Police Officer linked Akinboyewa to the crime.
However, Oshodi rejected the evidence of the convict and used his confessional statement.
He said: “The prosecutrix, in her evidence, said that the convict, who both stayed on the same street in Oshodi, came to her house to borrow a fetcher to draw water in her house and in the process, used the rope of the fetcher to draw her closer and forcefully had sex with her in the backyard.
“She narrated that the first occasion was in December 2020 while the second time when he came to her mother’s shop near the canal and had sex with her was January 2021.
“Outside Akinboyew’s confessional statement, I have looked for other credible evidence that the convict had sex with her.”
The judge further said the convict used to fetch water from the prosecutrix’s house, and used to borrow fetcher as well as visit her mother’s shop near the canal.
He said the convict’s confessional statement satisfied all the legal requirements of a confessional statement, as it was “a direct, positive and unequivocal narration of the events that took place straight from the horse’s mouth.”
Oshodi said he accepted the convict’s confession that he had sexual intercourse with the prosecutrix twice, thus, it would not be in society’s interest to allow a man who had confessed to his crime to walk out of the court as a free man simply because he has had a change of mind.
According to him, the trial would be a mockery.
“I am satisfied that the prosecution has established defilement beyond reasonable doubt and I resolve the issue for determination in favour of the prosecution and against the defendant.
“Therefore, considering all the evidence presented in the case, I hereby find Akinboyewa guilty and convict him under Section 137 of the Criminal Law of Lagos State 2015.
“Your actions were a gross violation of the victim’s innocence, dignity and bodily integrity.”
He ruled that the convict “took advantage of your status as a neighbour and the victim’s young age to sexually abuse her for your gratification, with no regard for the trauma and harm inflicted upon her.”
The judge reiterated that children deserved to be protected, nurtured and not exploited in such a vile manner.
He said he had considered the seriousness of his offence, the victim’s age, the breach of trust and the physical and psychological impact on the victim.
“I have also considered that you initially confessed to your crimes, though you initially pleaded not guilty, necessitating a full trial, which lasted about two years.
“Even though your counsel asked for mercy, you showed no remorse and offered no words of consolation for the victim and her family.
“The law prescribes a severe punishment for the defilement of a child to reflect society’s hatred for such conduct and to protect vulnerable children,” Oshodi said.
The judge said he saw no reason to depart from the statutory requirement of life imprisonment.
According to him: “The depravity of your acts warrants a lengthy prison sentence both to punish you and to send a strong deterrent message that sexual abuse of children will not be tolerated.
“Therefore, I sentence you to life imprisonment. You will be registered as a sex offender and while in incarceration, I urge you to reflect deeply on your actions and strive for redemption.
“The victim and her family will have to live with the impact of your crimes.
“I hope this sentence provides them some justice and closure, knowing the perpetrator is being held accountable.”
During the trial, the state counsel, led by Mr Babajide Boye, called three witnesses while the convict testified as a sole witness.
The prosecution said that the convict committed the offence sometime in May 2021, on Titilayo Street, Oshodi, Lagos State.
