After three years of prosecution and suspension, an Edo State High Court sitting in Benin City on Friday, discharged and acquitted a Lecturer with the University of Benin (UNIBEN), Dr. Omowumi Labode Steven of alleged sexual assault of a 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 of the university and he was accused of sexually assaulting a final-year female student of the department in his office on October 5, 2021.
The university authority issued him a query and banned him from the school pending the determination of the case in court.
Ruling on the Suit marked B/CD/8CV/22 yesterday, Justice (Mrs.), Mary Itsueli, said that the prosecution team failed to prove their case against the accused.
Justice 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.
The Judge 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.
Itsueli maintained 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 and telltale signs of rape have to be shown in the medical report and the scene of the alleged crime. These were not established in any way, she said.
Justice Itsueli also relied on the investigation by the Police and Investigation Officers (IPO) who examined both the accused and alleged victims physically and visited the scene of the alleged rape.
According to the jurist, the Police report stated that there were no bruises on her body, no torn clothes and the office of the defendant said to have been broken into to rescue the girl was intact
Justice Itsueli averred that “the prosecution case is bereft of evidence. In a criminal case, the claimant is required to prove his/her case beyond all reasonable doubt. I found no reason to call the defendant to enter the dock for his defence. The 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.
