Justice Rahmon Oshodi of a Lagos Sexual Offences and Domestic Violence Court, Ikeja has sentenced a man, Eniola Wasiu Ibrahim to life imprisonment for raping his girlfriend.
The judge found him guilty as charged by the state government.
The government had charged him for having sexual intercourse with his girlfriend without her consent.
He was said to have committed the offence on June 6, 2012 at his residence.
Wasiu was arraigned on December 1, 2022 and he pleaded not guilty to the charge.
The government had in the charge sheet said his offence contravened the provision of section 260 of the Criminal Law Ch. C17, volume 3, Laws of Lagos State, 2015.
During trial , the prosecution called four witnesses among whom was the survivor.
The prosecution also tendered various documents which the court admitted as exhibits.
The survivor in her testimony narrated to the court how she knew the defendant, how he invited her to his house and forcefully
removed her trousers and pinned her neck to his bed and then raped her when she went to visit him in his house.
She recounted that, “When I got to his house, we entered inside his house. The defendant’s house is a room and parlour. So, I sat in the
parlour, and he told me that he was happy that I came to
his house.
He asked me what I want to eat and I told him I have eaten from home that I am okay.
She continued that, she informed the defendant that she did not want to stay long and he said okay. ” He said that he likes my hair,
and he also likes me, and he asked me where I came from, and
he asked me my age. He then asked me [about] my genotype,
[and] I said I don’t know.
“He said at this age I am supposed to know my genotype. After then he hugged me and was romancing me. So, I told him I want to go and he said that I cannot go, that I have not stayed long. After that, he went and locked the door.
“Then he carried me from the parlour to the room, and he
carried me to the bed.
He now forced my trouser open, and he slept on me and was now snapping my nude picture. He forcefully had sex with me, and I was shouting and struggling.”
The survivor further told court that she used her leg to hit a glass and the glass got broken.”He then left me, and my wristwatch was broken. When he stood up, he started abusing me that all that I will pay for everything I damaged in his house before I leave his room.”
She said that the defendant brought out a cutlass to threaten her when she was crying and shouting.
“I was now begging him that he should not use the cutlass on me. So, he gave me my clothes to wear, and he said he will call his friend to come before his landlord called him on phone that he will report what happened in his room to police.
“He went out of the room to meet the landlord. The landlord said that he was hearing noise coming out of his room, and the defendant said nothing happened.
Then his friend now came to his house. He now explained to his friend everything that happened the friend now begged me that I should not be angry.”
After the close of the prosecution’s case, the defendant opened his defence, he told the court that he only romanced and flirted with her but did not have sexual intercourse with her.
Justice Oshodi in his judgment held that, the prosecution had proved the necessary ingredients to establish the offence of rape. He held that the prosecution was able to demonstrate the application of force, intimidation and threat when the defendant had sexual intercourse with the survivor.
The judge also held that the landlord’s testimony was sufficient corroboration.
Justice Rahmon said he has critically reviewed all the materials, consisting of the written submissions of counsel already identified, the entire record of proceedings.
The court also considered the remarks made by the defendant that he loves the victim and that the court should temper justice with
mercy. ” I listened to your counsel’s submission that I should have mercy on you. I have also considered the prosecution’s request that I must sentence you by section 260 (1) of the Criminal Law of Lagos State (supra).
” You must not hurt people that you love. The evidence, in this case, demonstrates that you did not just rape the victim, but you did it in a ferocious and animalistic way. You hit her on the face which made it swollen. She had bloody eyes and swollen lips. You pinned
her neck to your bed and raped her. A man like you, who has committed sexual violence against a woman, should be ashamed and must be punished.
” I must add that a woman or a girl who is a victim of sexual violence has committed no crime; she need not be ashamed. In this case, the victim was not ashamed. She persisted in their quest for justice.
“She gave damning evidence against you, which led to your conviction.
Our laws in Lagos State have zero tolerance for sexual crimes. The charge of rape, for which you have been convicted, carries a mandatory sentence
of life imprisonment, which sends a signal that it is unacceptable!
” In your case, I do consider the seriousness of the offence to justify a life sentence, and that is the sentence I must, therefore, impose upon you. Accordingly, I sentence you, Mr Eniola Wasiu Ibrahim to life imprisonment.”
The court further ordered that his name be registered as a sex offender on Lagos State Sexual Offenders register.
