Justice Muslim Hassan of a Federal High Court in Lagos on Friday sentenced
a 58-year old farmer, Yesiru Onajobi, to a jail term of 10 years for rape and
defilement of his teenage daughter.
The Judge, who noted the rising wave of rape in the society, ordered that the
convict would serve 10 years imprisonment without option of fine.
The News Agency of Nigeria (NAN) reports that the convict, a resident of
Bogije St., Ibeju, in Lekki Lagos, was charged to court in 2011 on a two-count
charge of having carnal knowledge of his 13 year-old daughter.
He was prosecuted by The National Agency for the Prohibition of Traffic in
Persons (NAPTIP).
The Prosecutor, National Agency for the Prohibition of Traffic in Persons
(NAPTIP), had told the court that after the death of Onaboji’s wife, he took
custody of his only daughter who is a twin, while her brother was with
relatives.
The convict was said to have engaged in repeated sexual adventures with his
daughter, with whom he shared the same bed and restrained her movement or
interaction with neighbours.
Although the convict had pleaded not guilty to the charge, the case suffered
some setbacks and adjournments as he had no legal representation for several
months while he was in custody.
The trial, however, subsequently commenced after a lawyer was provided for
the convict from the Legal Aid Council.
In his lengthy judgment on Friday, Hassan gave a detailed analysis of the facts
of the case as reflected in the charge and the various arguments as canvased by
respective parties.
The court expressed dissatisfaction at the high rate of rape, defilement, assault
and sexual abuse of the girl child, which had become prevalent in society.
“The issue for determination as formulated by counsel can be summed into
one, and that is whether the prosecution has proved its case beyondreasonable doubt.
“Proof beyond reasonable doubt is not proof beyond any shadow of a doubt;
once an ingredient of the offence is proved, it is sufficient proof,” he said.
Hassan held that it was difficult to disbelieve the evidence of the victim who he
said gave a vivid account of the incidences, adding that her testimony
remained constant at all times.
” The evidence of PW1 was consistent both in her examination-in-chief and
under cross examination.
“PW 2 also corroborated this evidence and the defendant did not produce any
evidence to prove his denial.
“I believe the evidence of PW1 and I hold that the prosecution has been able to
prove its case.
“I hereby convict you, Yesiru Onajobi, on this charge and I call for allocutus,”
After listening to a very brief allocutus (plea for mercy) by defence counsel
who urged the court to temper justice with mercy, the court held that the
charge against the convict was a serious one.
“The right of custody of a child does not extend to abuse as done in this
charge.
“The offence of defilement and child molestation is becoming rampant in our
society, as one cannot leave his child under the care of his neighbour.
“I hereby sentence you, Yesiru Onajobi to 10 years imprisonment each on
counts one and two, without option of fine.
“The terms shall run concurrently from the date of arrest,” he said
The News Agency of Nigeria (NAN) reports that the charge was first filed
before Justice Barbara Molokwu in 2011 but was reassigned to Justice
Chukwujekwu Aneke after the transfer of Molokwu.
The case was again reassigned to Justice Hassan following the transfer of
Aneke.
During trial, the victim gave a detailed account of how she was repeatedly
sexually exploited by her father, who threatened to kill her if she dared to
speak to anyone about it.
She had told the court that she slept on the same bed with her father, and had
informed him when she discovered she had missed her period.
According to the victim, her father had taken her for test and when the result
proved positive, he insulted and accused her of sleeping around while her
mates were in school.
She told the court that her father pressed her mouth with a hot iron when she
attempted revealing the secret, but added that when her pregnancy began to
grow, she then informed her relatives who took her away to her grandmother.
The victim had told the court that when the baby was born, her grandmother
refused the baby and she then called her father to take the child.
In his testimony, the defendant told the court that while he was taking the
baby home, he was accosted by passengers who accused him of kidnapping for
rituals.
He said that he was then arrested by police and after making confessional
statements, he was handed over to NAPTIP for prosecution, while the baby is
currently in custody of the state.
