Thursday, 3 May 2012
Rape of Ex NYSC Member: Monarch, Subjects Protest in Court
A traditional Ruler, Alowa of Ilowa in Obokun Local Government Area of Osun State, Oba Alli Adebukola, and his community members, including school children thronged to the premises of the state high court yesterday to protest what they regarded as prejudice to the monarch by the state government.
The uproar started at the resumed trial of the case of an alleged rape of a 23-year-old former National Youth Service Corps (NYSC) member, Hellen Okpara, by the traditional ruler.
The court had earlier adjourned the case for defence yesterday when the monarch’s counsel, Mr. Taofeek Tewogbade, told the court that they had filed 10 pages of no case submission before the court, adding that the victim was the monarch’s lover and that both of them went to Osun Groove as Romeo and Juliet earlier on the day Hellen was allegedly raped.
Consequently, after the court had adjourned the case, students from Ifelodun Grammar School, Ilowa, advanced to the frontage of the court with placards having inscriptions like “This is War Against Ilowa People”, “Stop The Blackmail, Our Oba is A Decent Oba”, “Your Game Plan Has Failed” amidst other indigenes of the traditional ruler’s community.
The protesters were shouting on the top of their voices accusing the state government of bias.
One of the protesters suspected to be accused Alli’s son thundered: “The corper was their teacher and everything that affects the Oba affects the whole community.
This is intimidation, the government has a hand in the trial and that is the reason for the intimidation.”
Infuriated by the protesters conduct, an unidentified man advanced towards them and seized their placards consequently dispersing the school children whom he said suppose to be in their various schools learning.
He said their action was tantamount to child abuse and the government may take it up against the school that released their pupils and students for such gathering.
But while stressing his points on the no case submission filed in court, Tewogbade said: “Hellen had informed this court in his evidence in chief that the accused monarch raped him nakedly but in the history of rape case in the world, there has never been a time an accused person was said to have raped his victim nakedly. It has never happened. I urge the court to take judicial notice of the fact that Miss Hellen’s pant or bra was not torn during the alleged rape.”
The application reads in part: “Sir, after the closing of state’s case, we hereby wish to make No case submission as regard the charge before the court in defence of the accused person. If at the close of evidence in support of the charge, it appears to the court that a case is not made out against the defendant sufficient to require him to make a defence, the court shall as to that particular charge discharge him.
“No case submission may be properly made and upheld when there has been no evidence to prove the essential element in the alleged offence. When the evidence adduced by the prosecution has been so discredited as a result of cross examination or is so manifestly unreliable that no reasonable tribunal could safely convict on it.”
Tewogbade noted that there is no doubt that the accused Alli had sexual intercourse of Hellen on his bed and without the victim’s shoes, adding that the love making took place in a very serene atmosphere.
But there was a hot altercation in the court when a lawyer in the bar rose to chide Tewogbade’s argument.
Also Wednesday, a counsel from the state Ministry of justice, Mr. Dapo Adeniyi, opposed the application of no case submission by the monarch informing the court that Adebukola is facing a four count of rape, kidnapping, indecent assault and defamation of the former NYSC member.
Adeniyi who informed the court that they have filed a written address dated April 30 to the court said that the victim has said she was forcefully and illegally penetrated without her consent and she had gave the account of how the accused monarch bruised her private part and raped her adding that the issue before the court is whether the victim was forced or not and that the monarch should come and defend himself.
The prosecutor contended that the victim is in a state of trauma and distress owing to her ordeal in the hands of Oba Alli. However, the presiding judge, Justice Oyejide Falola adjourned the case till May 21 for his ruling on the no case submission.
From Thisdaylive
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