Court sentences teacher to life imprisonment for defiling 6-year old

A Lagos High Court sitting in Ikeja has sentenced a teacher, Chukwu Ndubuisi, to life imprisonment for defiling a six-year-old pupil (names withheld) of Mind Builders School, Lagos.

The convict was the art teacher of the school as at June 2016 when the offence was committed.

He was first arraigned at an Ogudu Magistrate Court on a charge of forceful penetration but pleaded not guilty.

His case was later transferred to the Ikeja High Court before Justice Sodetan Ogunsanya following a legal advice from the Directorate of Public Prosecutions. He was then charged before the court on a one count charge of child defilement.

Delivering judgment in the matter on Monday, Justice Ogunsanya citing several authorities, held that the prosecution proved his case against the defendant beyond reasonable doubt, as the facts, circumstances and quality of evidence against the defendant were compelling.

The court noted the first time the survivor told her mother of her experience which was when she was discussing the case of a seven-year-old girl that was defiled and killed and which went viral online.

She said the survivor whispered to her mother that she wanted to discuss something with her.

The court noted that they went outside and the survivor narrated her experience to her, pleading with her mother not to tell her father and brother.
The court noted that the mother told the father, following which they went to her school but the art teacher was not around.

She noted that the parents reported the matter at the Omole Police station following which the matter was investigated and a test conducted on the survivor at the Ikosi Health Center which revealed that the survivor had been defiled. The matter was later taken up by the Domestic and Sexual Violence Agency (DSVA).

Justice Ogunsanya held that the account of the survivor and that of her mother were uncontroverted, corroborated each other and that they gave a good account of the assault.

The court noted that the defendant usually send the survivor’s friend to call her and that the first time the defendant defiled her was in the female toilet and that the second time was in the art room.

She said the survivor told the court that sometimes her teacher (defendant) asked her to remove her uniform and put his “bumbum” into her “bumbum”.

“At another time he called her into the art room, he put her on the table, parted her panties and put his thing into my thing”.

She said the survivor told the court that when the defendant is finished, he would clean up the survivor with tissue paper.

The court noted that the defendant had unhindered access to the child and defiled her several times.

But, Justice Ogunsanya discountenanced the evidence of two prosecution witnesses who are medical doctors, for being contradictory, pointing out that they did not come as expert witnesses.

She also dismissed the submission by the defence witnesses that that the incident was not recorded on the school’s CCTV.

She upheld the result of the test conducted at the Mirabel Center which showed that the survivor had a torn hymen and reddish vulva and that there was evidence of forceful penetration.

She therefore convicted the defendant as charged.

Counsel to the defendant, O.C. Olagunju pleaded with the court to temper justice with mercy saying that no case of improper behaviour has ever been brought against the defendant nor has he ever had any case at any police station until this case.

But the prosecution, Jubril Kareem argued that the law under which the defendant was charged does not give the court any discretion.

He urged the court to impose the mandatory sentence stipulated in the law.

Justice Ogunsanya subsequently sentenced the defendant to life imprisonment.

In her reaction, the Executive Secretary of the Lagos State Domestic and Sexual Violence Agency, commended Justice Ogunsanya as well as the Directorate of Public Prosecutions (Lagos State Ministry of Justice) for their relentless commitment and immense contribution towards seeing the matter to a conclusion as well as ensuring that justice prevails. This was revealed in statement released by the agency’s Director of Media, Joke Ladenegan-Oginni.

According to Mrs Vivour Adeniyi , the survivor and her parents exhibited strength and determination throughout the period despite the challenge. This, she said was quite commendable as their belief in the system was unwavering through out the period.

“They have shown outstanding courage and they have been the voice of other survivors and the voice of everyone in this fight against Domestic and Sexual Violence”

“We use this medium to encourage other survivors to speak up despite unfavourable norms, societal beliefs and misconceptions. Domestic and Sexual Violence thrives in silence. Healing begins with sharing your experience”.

“At the Lagos State Domestic and Sexual Violence Agency, you will be heard, and we will pursue justice together. Please speak, we are listening.”

“We will not rest until we rid our dear Lagos State of this menace and restore the peace and trust of every member of the society especially those who are deemed the weakest. With resilience, bravery and commitment, we will continue to win this battle”, she said.