The Edo State High Court has discharged and acquitted a lecturer with the University of Benin (Uniben), Dr Omowumi Labode Steven, over the alleged rape of a female student of the institution after three years of trial.
The presiding judge, Justice Mary Itsueli, held that the prosecution team failed to prove their case against the accused.
Recall that the senior lecturer in the Department of English and Literature, sometime on October 5, 2021, had been accused of sexually assaulting a final-year female student of the department in his office.
Thereafter, he was issued a query and placed on interdiction pending the determination of the case in court by the university’s authority.
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He was subsequently arrested and arraigned for sexual assault and was granted bail.
At the resumed hearing, the court discharged and acquitted the accused over lack of substantial proof and evidence against him.
Justice Itsueli, while upholding the no-case submission filed by the defence counsel, held that the evidence of the PW 1 (the nominal complainant) was not corroborated with the evidence of the remaining five prosecution witnesses and that the prosecution also failed to tender the University of Benin Teaching Hospital’s (UBTH) medical report as exhibit to the court during the trial.
According to the judge, the prosecution team could not establish 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 thorough investigation before charging the accused to court.
“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,” she said.
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