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Tag: Edo State High Court

  • UNIBEN lecturer acquitted of alleged rape

    UNIBEN lecturer acquitted of alleged rape

    Edo State High Court, Benin presided over by Justice Mary Itsueli, has discharged and acquitted a lecturer in the Department of English and Literature of the University of Benin (UNIBEN) Dr. Bode Ekundayo of alleged rape three years after.

    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. 

    He was queried and interdicted by the management of the university pending the investigation of the allegation by the police and the court’s judgment.

    Ekundayo was detained for some weeks and arraigned for alleged rape but granted bail on stringent  conditions.

    He was, however, discharged and acquitted for lack of substantial proof and evidence in the suit with reference number: B/CD/8CV/22.

    Justice Itsueli stressed that the prosecution team failed completely to prove the case against beyond reasonable doubt. 

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    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.

  • Dismissed policemen open defence in murder trial

    Five ex-policemen who are in trial for the alleged 2015 torture and murder of a car dealer. Mr. Benson Obode, have opened their defence at the Edo State High Court, Criminal Division.

    The five former policemen are Adedeji Adeleke, Joseph Omotosho, Oniyo Musa, Abena John and Henry Shobowale.

    They were members of the Special Anti Robbery Squad in Lagos State and were also accused of collecting the sum of N330,000 from late Benson’s bank account from an ATM in Port Harcourt.

    At the resumed hearing of the case on Friday, Musa Oniyo who was the first to be called told the court that Benson died of beating he received from a mob.

    Musa told the court that it was one Evans Idemudia that led his team to the house of Benson at about 2am but they didn’t meet him at home.

    He said they informed his landlord about their mission and were called later that Benson has been held by local vigilant in the area.

    The former policeman stated that they found that a mob has beaten Benson by the time they arrived to arrest him.

    During cross examination by the state prosecution team led by Charity Ebosele, Musa said it was the police practice not to bring out suspect from the cell to identify another suspect.

    He said Benson died at the police clinic in Bénin City after doctors battled to save his life.

    Justice Ohimai Ovbiagele adjourned the case to July 4th for further hearing.

  • Court jails human trafficker in Edo

    An Edo State High Court has sentenced one Ehigie Richard to seven years imprisonment for trafficking people to Russia.

    Richard was arraigned on a four- count charge of recruitment of a person by means of abuse, position of vulnerability and facilitation and exportation of persons for prostitution, contrary to various provisions of the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015.

    He was said to have recruited one female victim identified as Miss X, and trafficked her to Russia where she was exploited.

    A statement signed by Zonal Commander of National Agency for the Prohibition of Trafficking in Persons (NAPTIP) Nduka Nwanwenne said the victim was taken to the shrine, where an oath of secrecy was administered on her and asked to pay back the sum $55,000 for a period between six months and one year.

    Nduka explained that the victim was warned not to run away or report her madam in Russia to the police of failed to pay the money or the oath would make her go mad.

    He said the case against the accused was investigated with the collaboration of Joint Border Task Force (JBTF) – a multi-disciplinary crime fighting task force.

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    According to the statement, “On arrival in Russia, her phone and international passport were seized by her madam, Bridget, and her boyfriend, Kingsley. The madam allegedly opened a website for prostitutes for the victim, where her information and pictures were downloaded.

    “Customers usually check and call for appointments. A notebook was procured for the recording of all earnings. Similarly, the victim was made to pay 10,000 rubble for rent and 50,000 rubble to service the website.

    “Before the victim threw in the towel, she had paid $40,000 to her madam. On the day the victim escaped, her madam went out to shop. She used the opportunity to run to one of her Russian friend, who took her to the Nigeria Embassy in Moscow, before she returned to Nigeria.

    Delivering his judgment, Justice Alero Edodo- Erauga, said the law must have its way despite the accused plea for leniency and not wasting the time of the court.

    Justice Alero sentenced the accused to one year imprisonment on count one or a fine of N250, 000 while the accused was sentenced to two years imprisonment each on other counts or a fine of N1m on each count.

    The jail term is to run concurrently.

    Director- General of NAPTIP, Dame Julie Okha –Donli, said all traffickers who indulged in taking victims for exploitation would be made to answer for their crimes.

    She advised human traffickers to desist from their nefarious acts and redirect their energy to positive ventures.

  • Court throws out N500m suit against Police

    Court throws out N500m suit against Police

    An Edo State High Court has thrown out N500m fundamental human rights suit filed by Mr. Arisco Osemwegie against the Edo State Police Command.

    Mr. Arisco in pursuant of sections 34 and 35 of the Nigeria dragged the police to court over alleged inhuman treatment when he was invited to answer questions on newspaper publications congratulating him on his 2nd year as the self-styled Ogiamien Utantan of Benin Nation.

    Other defendants in the suit were the Oliha of Benin, chief Edionwe Oliha, the Esogban of Benin, chief David Edebiri, secretary to the Benin Traditional Council, Mr. Frank Irabor and the Benin Traditional Council.

    Counsel to the police, Supretendent Peter Ogwumba argued that Arisco did not deny being the self-styled Ogiamien Utantan.

    Ogwumba told the court that such action was tantamount to causing breach of public peace if not well guided, contrary to section 249(5)(d) of the criminal code.

    He said Arisco jumped administrative bail by not honouring subsequent invitations.

    Counsel to other defendants, Chief Charles Uwensuyi Edosomwan informed the court that Ogiamien was a title whose functions have gone into extinction by virtue of the Benin Traditional Rulers and Chieftaincy law of 1979.

    He contended the Arisco’s action of becoming a Regeant over-night and addressing himself as His Royal Majesty Ogiamien Utantan of Benin Nation was an affront to the Oba of Benin because there can be no two Obas in Benin Kingdom.

    Counsel to Arisco, Godwin Oaikhena submitted that his client’s fundamental human rights has been breached because the police arrested and detained him for several hours over a newspaper publication wherein his well-wishers congratulated him on his second year anniversary as Ogiamien Utantan.

    Delivering judgment on the case, Justice Philip Imoedemhe held that there were no facts to show that the police meted inhuman treatment to Arisco.

    Justice Imoedemhe held that the palace of the Oba of Benin acted reasonably by writing to the police authority to investigate those behind the alleged congratulatory messages.

    Imoedemhe said the police acted within the purview of its Act by inviting Arisco Osemwegie, obtaining statement and granted him administrative bail in self recognizance.

    He dismissed the suit and described it as one aimed at frustrating the investigation and prosecution of the matter relating to the said publication.

  • Heavy security at Edo tribunal sitting

    Heavy security at Edo tribunal sitting

    There was heavy presence of security presence at the premises of the Edo State High Court where the State Election Petition tribunal is sitting along Sapele Road in Benin City.

     

    To avert a clash of political parties supporters, roads leading to the court were cordoned off. 

     

    The tribunal was scheduled to hear applications filed Governor Godwin Obaseki and the All Progressive Congress against the petition filed by Pastor Osagie Ize-Iyamu and the People’s Democratic Party.

     

    Vehicles were allowed to ply one way along the dualised Sapele Road.

     

    At the last tribunal sitting, thugs loyal to both the PDP and the APC stormed the tribunal premises and it resulted in a clash which left about three persons injured.

     

    The heavy security presence prevented suspected thugs from gaining access to the tribunal premises.