Alleged Rape: Court acquits UNIBEN lecturer
by Adenle Ahmed Abiola · The Eagle OnlineAfter three years of prosecution and suspension, an Edo State High Court sitting in Benin, on Friday, discharged and acquitted a lecturer with the University of Benin, Dr Omowumi Steven, who was standing trial for alleged sexual assault (rape) of a 400 Level female student of the university.
The court ruled that the prosecution was not able to prove its case of sexual assault and alleged rape.
Dr Steven, popularly known as “Dr Bode Steve Ekundayo”, is a senior lecturer in the Department of English and Literature, University of Benin.
He was accused of sexually assaulting a final-year female student of the department in his office on October 5, 2021.
Consequently, the accused was issued a query and placed on interdiction pending the final determination of the case in court by the management of the university.
He was subsequently arrested and arraigned for sexual assault but was later granted bail.
Ruling on the Suit marked B/CD/8CV/22 yesterday, Justice (Mrs.), Mary Itsueli, upheld the no-case submission filed by the defence counsel and former Attorney General and Commissioner for Justice, Edo State, Dr Osagie Obayuwana and maintained that the evidence of the PW 1, that is the Prosecution Witness, Miss Anita Efosa was not corroborated with the evidence of the remaining five prosecution witnesses.
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Justice Itsueli asserted that even if anyone was to believe the claims of the alleged victim at their face value, there is no substantial required proof or evidence whatsoever to establish sexual intercourse or rape.
The judge also maintained that the prosecution team further failed to tender the University Health Centre Medical Test Report as an exhibit to the court during the trial in addition to the fact that the Report from Vivian Centre which was conducted a day after the alleged incident and tendered as evidence failed to scientifically show the evidence or proofs of rape.
The judge also maintained that the prosecution team failed to tender the University of Benin Teaching Hospital medical report as exhibited during the trial.
Itsueli held that the prosecution team could not establish the three main ingredients of rape which she listed to be penetration, sexual intercourse and no consent, adding that the penetration must be linked with the defendant.
She also held that the police never carried out a thorough investigation before charging the accused in court.
She said, “The prosecution case is bereft of evidence and in a criminal case, the claimant is required to prove his/her case beyond reasonable doubt.
“I found no reason to call the defendant to enter the dock for his defence. No case submission of the defence counsel is hereby upheld.
“The case is hereby dismissed for lack of evidence and the accused is discharged and acquitted,” Justice Itsueli ruled.
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