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Justice Onome Marshal-Umukoro of Asaba High Court, yesterday, convicted and sentenced a gate man, Idris Hassan, 35, to life imprisonment for sexually assaulting an eight-year-old minor.
The convict was arraigned before the court on a count charge of sexual assault, punishable under Section 218 of the Criminal Code Law Cap C21 Vol. 1 Laws of Delta State of Nigeria 2006.
Hassan allegedly on August 22, 2022, had unlawful carnal knowledge of a minor, aged eight years, whereby he pleaded not guilty to the charge.
The prosecution led by Director, Sexual Offences, Domestic Violence and Childs’ Rights Unit, in the Delta State Ministry of Justice, Patricia Uche Akamagwuna, called six witnesses, and tendered confessional statements of the convict.
The prosecution told the court that the survivor was at home with her two elder siblings, when Idris Hassan, a gate man to their neighbour, lured her to come and ‘take biscuits’, and when she got there, the defendant forced himself on her.
The survivor’s neighbour caught the convict in the act, and he was subsequently, arrested by officers of the Nigerian Police ‘B’ Division, Asaba.
Hassan, 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 judgment, Justice Marshall-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 Idris Hassan to life imprisonment
ALSO, another High Court sitting at Kwale, yesterday, sentenced Goodness Ezekiel to 15 years imprisonment with hard labour for sexual assault.
The court, however, discharged and acquitted his co-defendant, one Peace Nigeria. The defendants were arraigned for sexual assault on September 7, 2021, in charge No: number HCK/31c/2022.
The first defendant, Nigeria, was arraigned on a three-count charge of aiding, abetting and procuring another person to commit a felony to wit: sexual assault contrary to section 4(3) and punishable under section 4(1) of the violence against Persons Laws of Delta State 2020. While the convict, Ezekiel was arraigned on one count charge of sexual assault punishable under section 4(1) of the violence against Persons Laws of Delta State 2020. They pleaded not guilty to the charge.
The prosecution, led by a Deputy Director in the Ministry of Justice, Ejovwokwe Arhuere Oghorodje, told the court that Ezekiel had carnal knowledge of the victim without her consent in the presence of the first defendant.
The prosecution proved his case by direct oral evidence of its four witnesses, and confessional statements of the defendants as well as a medical report of the survivor admitted in the proceeding.
The defendants gave evidence in defence of this case and did not call any witness in support of their case. The first defendant told the court that the survivor was her neighbour and that the survivor’s father used to drive her out of the house because he cannot fend for her.
She alleged that the survivor’s father asked her to be his girlfriend and she refused, hence the father connived with the daughter to frame her up in the case.
In his defence, Ezekiel told the court that the first defendant, Peace Nigeria, was his fiancée, and denied his confessional extrajudicial statement.
During cross-examination, the convict admitted that he had sexual intercourse with the survivor, while his fiancée was asleep.
Delivering his judgment, Justice O. F. Enemo, exonerated the first defendant from the two-count charge brought against her, while Goodness Ezekiel was found guilty of the offence of sexual assault contrary to section 3(1) and punishable under section 4(1) of the violence against Persons Law of Delta State, 2020.
