Failure of the alleged victim and prosecution to provide medical and physical proofs have saved a Nigerian lecturer, Bode Ekundayo, from a rape case he had been facing.
Edo State High Court, presided over by Justice Mary Itsueli, discharged and acquitted the lecturer in the Department of English and Literature of the University of Benin (UNIBEN) of alleged rape three years after.
As ‘The Nation’ reports, Ekundayo, an Associate Professor, was alleged to have demanded sex for mark from a 21-year-old, 400-level student, Miss Anita Adesuwa Efosa, on October 5, 2021.
The youthful lecturer was accused of raping Efosa in his office at UNIBEN’s Faculty Complex during the day.
Ekundayo was detained for some weeks and arraigned for alleged rape but granted bail on stringent conditions.
The presiding judge noted that even if anyone was to believe the claims of the alleged victim in their face value, there was no substantial proof or evidence whatsoever to establish sexual intercourse or rape.
Justice Itsueli upheld the no-case submission filed by the defense/lecturer’s counsel, Dr. Osagie Obayuwana, a former Edo Attorney-General and Commissioner for Justice.
The presiding judge declared that the prosecuting team failed to tender UNIBEN Health Centre’s medical test result as exhibit to the court during the trial, since the report and findings negated their claims.
She noted that the report of the tests at Vivian Medical Centre, Benin conducted a day after the alleged rape and tendered as evidence, failed to scientifically show the evidence or proof of rape.
Justice Itsueli pointed out that a medical doctor, from Vivian medical centre, who presented the report, admitted in court that there was no way sexual intercourse or rape could be established after 24 hours and based his findings on the alleged victim’s oral history and claims.
She insisted that the prosecuting team could not establish the three main ingredients of rape: penetration, sexual intercourse and no consent.
The presiding judge also relied on the investigations of policemen that examined the accused and alleged victim physically and visited the scene of alleged rape, with the police report stating that there were no bruises on their bodies, no torn clothes, and the office of the lecturer, said to have been broken into, to rescue the undergraduate, was intact, thereby describing the incident as a clear setup.
Justice Itsueli subsequently dismissed the case for lack of evidence.
