Justice Oyejide Falola of the Osun State
High Court sitting in Ikirun on Tuesday
discharged and acquitted the Alowa of
Ilowa-Ijesa, Oba Adebukola Alli, over a
charge of raping an NYSC member.
Delivering judgment, Falola said that the
plaintiff, Miss Helen Okpara, failed to
tender enough exhibits to convince the
court beyond reasonable doubt that she
was raped by the monarch.
The judge also held that the plaintiff,
who accused the monarch of raping her
at his private residence in Osogbo, failed
to prove that she was raped.
He said a case of rape could only be
established with exhibits such as bed
sheet, the victim’s pant and a medical
report indicating forceful penetration,
adding that the prosecutor failed to
tender all these.
Falola said Okpara also failed to show
the bruises on her private part as
evidence that she was raped.
He further said the prosecutor failed to
show to the court the plaintiff’s torn
clothes as she had claimed in her
submissions before the court.
While stressing that a case of rape must
be proved with injuries sustained on the
private part as well as other parts of the
body, Falola said the court was not
convinced that Okpara sustained any
injury.
Falola said the court was able to establish
the fact that Okpara and the monarch
had been having regular sexual
relationship before a misunderstanding
ensued between them.
He, however, condemned such
relationship involving a traditional ruler,
saying his action had brought his stool
into disrepute as well as disgrace to his
family and community.
But Mr Femi Adedokun, the counsel to
both Okpara and the state government,
said he would seek advice from the
Attorney-General and Commissioner for
Justice before considering appealing the
judgment.
On his part, the defence counsel, Mr
Taofeeq Tewogbade, commended the
judgment, describing it as “God’s
judgment which came at the appointed
time.’’
The case had been ongoing for almost
three years before Tuesday’s judgment.
(NAN). @eliteinks