Justice Rahman Oshodi of a Lagos Sexual Offences and Domestic Violence Court, Ikeja, yesterday, sentenced a 26-year-old carpenter, Tayo Akinboyewa to life imprisonment for having unlawful sexual intercourse with a primary school pupil.
The judge, who found him guilty of defilement as charged by Lagos State government, held that the prosecution proved the charge beyond reasonable doubt.
The state has alleged that Akinboyewa sometime in 2020 and 2021 had carnal knowledge of a 12 years old neighbour’s daughter at Oshodi area of Lagos State. His offence is contrary to the provision of Section 137 of the Criminal Law, Ch . C17 vol 3, Laws of Lagos State 2015. He had pleaded not guilty to one-count charge when he was arraigned on April 29, 2022.
However, while delivering judgment, Justice Oshodi said he was satisfied that the prosecutrix’s (survivor) testimony that the defendant had sexual intercourse with her was corroborated by the medical report (exhibit h-h2).
He held that there was abundant evidence that the defendant had sexual intercourse with the prosecutrix, who, to his knowledge, was a child and the survivor gave a direct eyewitness account.
The judge held that the defendant confessed in exhibit G that he had sexual intercourse with the prosecutrix twice, which was corroborated by the medical report and the defendant’s confessional statement.
The judge further held that the evidence and testimony of the prosecutrix’s mother and the Investigative Police Officer (IPO) linked the defendant to the crime.
The judge also said that the defendant’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 defendant’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.
“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 the defendant guilty and convict him under section 137 of the Crim Law (supra).
“Your actions were a gross violation of the victim’s innocence, dignity and bodily integrity. You 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 court held.
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.
The judge also said that he saw no reason to depart from the statutory requirement of life imprisonment.
According to him, the depravity of his acts warrants a lengthy prison sentence both to punish him and to send a strong deterrent message that sexual abuse of children will not be tolerated.
Justice Oshodi therefore sentenced him to life imprisonment. He ordered that his name be registered as a sex offender and urged the convict to reflect deeply on his 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 that the perpetrator has been held accountable,” the court declared.
