A 35-year-old staff member of a security firm, one Eboh John Ogechi, has been sentenced to seven years imprisonment by a Special Offences Court, over indecent treatment of a 13-year old child.
The convict committed the offence inside the premises of a leading insurance firm, in the Obanikoro area of Lagos State, while serving as one of the security guards at the company
Justice Rahman Oshodi of a Sexual Offences Court Ikeja sentenced him after finding him guilty of indecent treatment of a 13-year-old girl and assault.
The court held that the prosecution had proved the case of indecent treatment of a child and assault against Ogechi.
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The court however discharged him of defilement.
The state government had arraigned the defendant (Ogechi) on a three-count charge on October 31, 2018, before Sybil Nwaka (now Justice of the Court of Appeal) before he was re-arraigned before Justice Oshodi on September 24, 2021.
The prosecution stated that the alleged incident occurred on May 1, 2017, at approximately 18:00 (6 pm) hours.
The defendant was alleged of unlawful sexual intercourse, and indecent treatment of a child by fondling and sucking the 13-year-old girl’s breasts.
His offences are contrary to sections 137, 135, and 172 of the Criminal Law Cap. C17, Vol. 3 Laws of Lagos State, 2015.
The defendant maintained his innocence since he pleaded not guilty to all the count charges.
The prosecution therefore commenced trial and called two witnesses while the defendant testified for himself for the defence. A certified copy of the defendant’s extra-judicial statement dated May 7, 2017, was admitted as Exhibit DEF-1.
However, while delivering judgment at the weekend, Justice Oshodi held that the prosecution had established count three to the standard required under sections 135(1) and 139 of the Evidence Act.
“The court finds that the prosecution established beyond reasonable doubt that the prosecutor, was a 13-year-old child at the time of the incident on 1 May 2017. This finding is supported by unchallenged testimony and corroborating evidence.
“While the prosecution failed to prove the charge of defilement beyond reasonable doubt due to a lack of conclusive physical evidence and direct testimony, the court has acquitted the defendant on this count.
“The charge of indecent treatment of a child has been proven beyond reasonable doubt. The defendant’s confessional statement (Exhibit DEF-1) provides compelling evidence of his guilt. The court finds that the defendant induced a child to commit obscene acts, specifically fondling and touching her breast.
“The assault charge has also been established beyond reasonable doubt. The defendant’s testimony before the court and confessional statement provide direct evidence of intentional, non-consensual physical contact of a harmful nature against the prosecutor,” he said.
The court therefore found the defendant guilty of two counts out of three.
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