A 47-year-old supervisor at Chrisland School, Lagos, Adegboyega Adenekan, charged with defiling a two-year -old pupil, yesterday claimed that the prosecution failed to prove its case.
The News Agency of Nigeria (NAN) reports that Adenekan made a no-case submission before an Ikeja Sexual Offences and Domestic Court handling the case.
He made the submission through his counsel, Mr. Olatunde Adejuyigbe (SAN).
Addressing the court, Adejuyigbe said the state did not provide the essential ingredients necessary to establish a case of defilement.
“In this case of defilement, the elements or ingredients have not been established.
“In the evidence before the court, the prosecution did not provide any evidence of sexual intercourse.
“When the medical doctor gave evidence, the doctor said, ‘When we asked her who the perpetuator is, she did not mention the name of the perpetuator’,” he said.
The counsel submitted that it was crucial that the act must be linked with the defendant.
“With respect to witnesses, there must be corroboration, corroborative evidence must be independent of the main evidence and must be external.
“PW1, PW2, PW3 and PW7’s evidence is dependent on what the child told them,” he said.
Adejuyigbe claimed that the elements of defilement had not been established by the prosecution and, therefore, the case was deficient.
Replying, lead state counsel Mr. Babajide Boye urged the court to dismiss Adenekan’s application.
According to him, there is no smoke without fire.
“The defendant is not the only male teacher or male supervisor of that school. The fact that the child singled him out as her abuser gives room for speculations, which deserve an explanation.
“The following questions have to be answered: Was the child sexually assaulted? Was she able to identify her abuser? Did the police investigation link the defendant to the charge?
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“If the answers to these questions are in the affirmative, we submit that the defendant has a case to answer,” he argued.
Boye submitted that the issues raised by the defence counsel were those of technicalities.
“I urge this court to do substantial justice in this case and avoid delving into the arena of technicalities.
“There are no two Adenekans in that school that we know of; it will be in the interest of justice that the defendant will answer the case we have made through our seven witnesses,” he said.
NAN reports that Adenekan, who was arraigned on January 29, 2018, pleaded not guilty to a charge of child defilement
The prosecution alleged that Adenekan committed the offence in November 2016 at Chrisland School, Victoria Garden City, Lagos State.
According to the prosecution, the defendant defiled the child by having sexual intercourse with her.
The alleged offence contravenes Section 137 of the Criminal Law of Lagos State 2011, which recommends life sentence for anyone convicted of defiling a child.
Justice Sybil Nwaka adjourned the case till May 21 for ruling on the no-case submission.
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