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The defendant was arraigned before the court on a one count charge of rape, punishable under Section 218 of the Criminal Code Law Cap C21 Vol. 1 Laws of Delta State of Nigeria, 2006.
The defendant was alleged to have on August 22, 2022 had unlawful carnal knowledge of a minor, aged 8 years, where the defendant pleaded not guilty to the charge.
The prosecution, led by Mrs. Patricia Uche Akamagwuna, Director Sexual Offences, Domestic Violence and Child’s Rights Unit in the Delta State Ministry of Justice, called six witnesses, and tendered confessional statement of the defendant.
The prosecution told the court that the survivor was at home with her two elder siblings when the defendant, who is a gate man to their neighbour, lured her to come and “take biscuits”.
When she got there, the defendant allegedly forced himself on her.
The survivor’s neighbour caught the defendant in the act and he was subsequently arrested by men of the Nigerian Police ‘B’ Division, Asaba.
The defendant in his defence denied the charge and retracted the confessional statement, stating that there was no sexual contact between him and the survivor.
Delivering his judgement, Honourable Justice Onome Marshal-Umukoro held that he believed the evidence of the prosecution, and that the prosecution had proved their case beyond reasonable doubt.
The court thereafter convicted and sentenced the defendant to life imprisonment.
In a related development, another High Court in Delta State, sitting at Kwale Criminal Division, with charge number HCK/31c/2022 between The State, Peace Nigeria, first defendant, and Goodness Ezekiel, second defendant, presided over by Honourable Justice Enenmo, discharged and acquited the first defendant, Peace Nigeria, and sentenced the second defendant, Goodness Ezekiel, to 15 years imprisonment with hard labour for offence of rape.
The defendants were arraigned before the Kwale High Court on September 7, 2021.
The first defendant, Peace Nigeria, was arraigned on a three-count charge of aiding, abetting and procuring another person to commit a felony, rape, contrary to section 4(3) and punishable under section 4(1) of the Violence Against Persons Laws of Delta State, 2020.
