Supreme Court Affirms Oleh High Court Judgement On Rape Case

The Supreme Court has dismissed an appeal brought before it by Afor Lucky, challenging the judgement of an Oleh High Court that convicted and sentenced him to 5 years imprisonment with hard labour for raping a 11 year old girl.

In a unanimous judgement of the Panel of five Justices of the Supreme Court, delivered by Justice Nwali Sylvester Ngwuta, agreed with arguments of the learned Delta State Attorney-General and Commissioner for Justice, Peter Mrakpor Esq, asking the Court to dismiss the appeal, that the Lower Court was right to have convicted and sentenced the appellant even as Barr. Mrakpor further argued that the necessary ingredients to sustain conviction were eminently present and proven beyond reasonable doubt.

While affirming the Judgement of the Lower Court that sentenced Lucky to 5 years imprisonment with hard labour, Justice Ngwuta of the Apex Court expressed dissatisfaction with the 5 years sentence which also imposed an option of fine of three hundred thousand naira, handed down on the appellant by the trial Court.

In upholding the Judgements of the High Court and that of the Court of Appeal, the Supreme Court decried the high rate at which young and innocent girls are being defiled by adults in the society.

In respect to the 5 years prison term imposed by the trial Court on the appellant, the learned Jurist held thus “The sham of Prison term he imposed on the appellant is an attack on law and moral basis for prison term. The young and old, who have their brains between their legs and who have a miserable sum of three hundred thousand naira to throw about can ravage young mothers at will. Not only that the brute violently, as in armed robbery, took away the pride of the innocent girl, the act is a major dent on her psyche and will remain so for life”.

In a related development, a Delta State High Court sitting at Warri has sentenced a 29 year old Welder, Obor Omodavwejie to 15 years imprisonment also with hard labour for raping a 16 year old girl.

The Court while expressing satisfaction that prosecution was able to prove its case against the accused, pronounced Obor Omodavwejie guilty of the one count charge of rape and sentenced him to 15 years behind bars.

The Court in its verdict, held that from the evidence adduced and after watching the demeanor of the victim, believed her evidence as the pains on the victim's face while testifying were obvious.

Prosecution called three witnesses including the IPO and medical doctor that examined her.

Though the accused made confessional statement, he claimed that the victim consented to the sexual Intercourse.

Prosecution had told the Court that on or about the 1st day of October, 2014 at Edjeba, within the Warri Judicial Division had deceived the victim (name withheld) whom they leave in the area to get him an undisclosed item but when she brought the said item, the accused and his friend, now at large, overpowered her and dragged her inside their apartment and had canal knowledge of her without her consent.