“In the
light of all my findings, the prosecution has proven their case beyond
reasonable doubt. I find you Kenechukwu Okonkwo guilty of rape contrary to
Section 258(1) of the Criminal Law of Lagos State 2011
“I hereby
sentence you to 14 years imprisonment commence from today March 24, 2017.”
Before the sentencing, counsel to Okonkwo, Mr Worer Obuagbaka in his allocutus,
asked court to temper justice with mercy, arguing that Okonkwo was a first time
offender and was repentant.
“The convict
is a first time offender and the only son of his family, he lost his mother
last year to cervical cancer and he has been in custody since December 2013. “During
this period, he has learnt his lesson, I plead with the court to pass a light
sentence on the convict and to temper justice with mercy.”
“He has been
in custody since 2013, during this period he has learnt his lessons, he pleaded
with the court to pass a light judgment and to temper justice with mercy. “
Oduagbaka pleaded.
While
delivering judgement, Ipaye said that rape is a serious crime, which must be
eradicated.“Rape is an act of an extreme violence against women, society must
have zero tolerance to this act against the honourable members of the society.”
the judge said
However, the
prosecutor led by Mr Kazeem Adeniji, the Lagos State Attorney-General and
Commissioner for Justice, showed appreciation for the judgment.“Thank you My
Lady for the well considered and erudite judgment.”During the trial, the
prosecution led by Adeniji said that Okonkwo committed the offence on Dec. 27,
2013 in his one – bedroom apartment located in Ketu Lagos.
“The
complainant was a 29-year-old saleswoman (name withheld) who was a virgin. She
became friends with Okonkwo, who was a security guard working at a supermarket
where she supplied goods.
In her
testimony before the court, the victim told court that she has accommodation
problems and was about to be evicted from her home, but confided in Okonkwo
about her problem and he offered to keep some of her property in his apartment.
“I came to
inspect his apartment, which was a ‘face me I face you,’ doubting the
suitability of his apartment. I wanted to leave, but he blocked the exit, he
forcefully dragged me from the corridor into his apartment.
“I was
screaming and begging him in Igbo language but he said I’ve been suffering him
for too long, I shouted for help but he gagged me with a wrapper and forceful
sleep with me in his bedroom.”
She further
told court that the noise and commotion in the apartment attracted Okonkwo’s
co-tenants, who came to intervene to no avail.“It was when the landlord knocked
on Okonkwo’s door to enquire about the noise that the complainant was able to
escape.”
In his
defence, Okonkwo denied the rape and claimed that the sexual intercourse
between him and the complainant was consensual.“We were friends, I told her I
liked her and had a desire to marry her; she usually visited me at my apartment
on Sundays with members of her church.
“On that
fateful day, I attended a naming ceremony and while I was leaving the ceremony,
I received a phone call from the complainant saying that she was at my house.“I
got to home, she collected the bag of pure water I was carrying and asked me
what I wanted to eat and I told her I wanted to eat indomie. She changed into a
pair of tights from her jeans trousers to make the indomie and I played an
adult movie, which we watched together, while we had dinner. She made me
promise that I will marry her and thereafter we made love,” he said.
When he was
cross-examined by Adeniji, the convict admitted contrary to his testimony that
the complainant visited him for the first time on the day of the incident.But
the judge, who noted the inconsistencies in Okonkwo’s testimony, said, “the
defendant is not only economical with the truth, he should not be believed.
There were inconsistencies in his testimonies and his longstanding friend, who
testified on his behalf as DW2, could not recall knowing her as his girlfriend.
(The Guardian)
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