Judiciary
Alleged Rape: Court discharges, acquits lecturer

Justice Adekunle Adeleye of an Ado-Ekiti High Court has discharged and acquitted a 55-year-old university lecturer, Dr Ayinde Olukayode, of an alleged rape case.
Olukayode, who lectures at the Ekiti State University (EKSU), has been standing trial on the alleged offence of rape contrary to the provisions of Section 31 (c) of the Child’s Rights Law, Cap C7, Laws of Ekiti State, 2012.
The lecturer, who was arraigned on March 7, 2022, had pleaded not guilty to the allegation of raping a 12-year-old girl, (name withheld) in August 2020.
In his judgment, Adeleye held that the prosecution witnesses had created doubt in the mind of the court with the discrepancies in the evidence.
The judge said that the prosecution had failed to prove the case beyond a reasonable doubt.
He, therefore, discharged and acquitted Olukayode of the offence of rape for insufficient claims.
During the trial, the prosecution had called four witnesses and tendered four exhibits, while the defendant called five witnesses.
The prosecution, through the witnesses, claimed that the defendant allegedly had carnal knowledge of the victim several times, while the victim told the court that she did not inform anybody.
The victim claimed to have spotted blood stains on her pant.
The medical doctor that examined the victim confirmed that her hymen was broken, affirming that there was a minute fresh injury on the girl’s external genitalia without discharge.
The victim said that in June 2021, a group led by the Ekiti State Attorney-General came to Christ’s Girls School to give a sensitisation lecture where she wrote down the Ministry of Justice’s helpline dictated to the students by the Attorney-General.
She said she confided in a man who has a shop next to his guardian because he wanted to borrow his phone to call the MOJ helpline.
Rather, this man helped her inform one of her teachers who later briefed the Principal and in turn contacted the Ekiti State Sexual Referral Centre.
The father of the victim, Olatunji Ojo, who testified on Oath, as a defence witness, told the court that Olukayode did not rape his child because the man is a father to all.
However, Olukayode, in his defence, claimed that he was battling with erection dysfunction, which medically could not position him to have any sexual intercourse.
The defendant’s wife, Eunice Olabisi, also testified that her husband could not have sex with her, in spite of romances for the past five years due to erectile dysfunction, and therefore, could not have committed the offence.
Counsel to the defendant, Mr Oladele Adedeji, submitted that evidence led by the prosecution through the witnesses did not link the defendant with the commission of the offence levelled against him.
Adedeji noted that a medical examination ought to have been conducted when the matter was fresh to show how the hymen of the girl was broken.
He urged the court to discountenance the evidence led by the prosecution since she had failed to establish the ingredients of the offence of rape beyond a reasonable doubt.
The counsel prayed the court to discharge and acquit his client for lack of evidence and affirm his innocence.
The prosecution led by a Counsel from the State Ministry of Justice, Ibironke Odetola, submitted that the prosecution had proven the guilty of the defendant beyond a reasonable doubt, through the witnesses and prayed the court to convict the defendant as charged.
(NAN)
Judiciary
Court discharges man accused of burning father’s house in Abuja

A Chief Magistrates’ Court in Bassa, Abuja, on Friday discharged a 28-year-old man, Hamza Azizz, who was accused of setting his father’s house on fire in Bassa Village.
The Chief Magistrate, Abdulrazaq Eneye, released the defendant after he had spent three weeks at the Kuje Correctional Center.
Eneye also ordered Azizz to undergo counselling and warned him against committing similar offences in the future.
“The court can now discharge you into society after assessing your mental state through the correctional center,” the magistrate ruled.
Azizz expressed remorse for his actions, pleaded for leniency, and vowed to stay away from drugs.
The prosecution counsel, Mr A. Aliyu, told the court that the defendant had poured kerosene on his father’s body before also dousing the house with kerosene and setting it ablaze.
The father later reported the incident to the police in Bassa Village.
Azizz was charged with mischief and criminal intimidation, offences that contravene Sections 327 and 397 of the Penal Code.
Judiciary
Nnamdi Kanu apologises over attacks on judge, others

Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), on Friday, tendered an apology over his recent attacks on the Federal High Court and Justice Binta Nyako.
Kanu, through his new counsel and former Attorney-General of the Federation (AGF) and Minister of Justice, Chief Kanu Agabi, SAN, also apologised to the Federal Government’s lawyer, Chief Awomolo, SAN.
The IPOB leader equally apologised to his team of lawyers earlier led by Aloy Ejimakor for also attacking them while before Justice Nyako.
Kanu tendered the apology through his lead counsel, Chief Agabi, before Justice James Omotosho, the new trial judge.
Upon resumed trial, Agabi sought the court’s permission to deliver a message on Kanu’s behalf.
He said he had already discussed the development with the lawyer to the prosecution and Justice Omotosho granted the application.
The News Agency of Nigeria (NAN) reports that Justice Omotosho had fixed March 21 for the trial of Kanu.
The judge fixed the date after the case file was transferred to him.
Kanu, who was brought back to the country in June 2021 from Kenya, was expected to take his plea as the case begins afresh (de novo).
NAN reports that the Chief Judge (CJ) of FHC, Justice John Tsoho, had, in a letter dated March 4 and addressed to Kanu’s lead counsel, Mr Aloy Ejimakor, communicated the re-assignment of the case from Justice Binta Nyako to Justice Omotosho.
The re-assignment followed the demand by Kanu and his team of lawyers for the transfer of the seven-count terrorism charge to another judge, after alleging bias.
Justice Nyako, on Sept. 24, 2024, withdrew from the case and sent the case file to the CJ of FHC for re-assignment.
The judge said she could not proceed with a trial where a defendant lacked confidence in the court.
However, the CJ sent Kanu’s case file back to Justice Nyako for adjudication, insisting that a formal application must be made by the defence before the recusal could be accepted.
But Kanu and Ejimakor, on Feb. 10, insisted that Justice Nyako no longer had jurisdiction to preside over the case after her recusal (withdrawal) from the matter, prompting the judge to adjourned the case indefinitely (sine die).
NAN reports that Justice Ahmed Mohammed (who has been elevated to Appeal Court) and Justice Tsoho (before becoming the CJ) had presided over Kanu’s trial before it was assigned to Justice Nyako, following the defendant’s rejection of the two judges.
Headlines
Supreme Court nullifies Rivers LG elections

The Supreme Court on Friday, nullified the Local Government election in Rivers State, which was conducted on Oct. 5, 2024.
A five-member panel of the apex court unanimously held that the election was conducted in violation of relevant laws.
Justice Jamilu Tukur, in the lead judgment, agreed with the appellant, the All Progressives Congress (APC), that conditions precedent were not complied with before the Rivers State Independent Electoral Commission (RSIEC) held the election.
Justice Tukur held that there was no evidence that the voters’ registration continued until 90 days before the election and that the requisite notices were issued as required by law.
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