° FG vows to deal with rapist
The Lagos magistratescourt, sitting in Yaba , Wednesday morning freed a 15 -years- old teenager (name withheld) accused of killing her fathers friend, Babatunde Ishola, 51, while attempting to rape.
She was released based on legal advice by the Lagos State Director of Public Prosecution(DPP) that the case lacked ingredients of murder.
Delivering judgment in the case, the presiding magistrate, Mr. Philip Adebowale Ojo, said the case file after due consideration of facts, it was duly decided that there were insufficient facts to establish a prima facie case of murder against the suspect contrary to Section 222 of the Criminal Law, Cap. C17, Vol.3 Laws of Lagos State.
The court, therefore, ruled that ingredients required to prove the offence of murder against the suspect were not all present from the facts of this case, also clearly intended to kill or cause grievous bodily harm to the deceased cannot be established. He said that it is a settled law that in a case of murder, defences raised by the evidence, whether specifically put up by the suspect or not, must be properly considered. And further notes that no matter how weak or stupid a defence raised by a suspect may appear, it must be properly considered. Consequently, Mr. Philip Ojo discharged and acquited the suspect of a murder charge.
The teenager who was represented by OPD since inception of the matter, period of detention and investigation at the State Criminal Intelligence and Investigation Department (SCIID) and arraignment before Yaba Magistrate Court on a one-count charge of killing Babatund Ishola on March 7,at Nwadolu Street, Aboru in Alimosho Local Government Area of the state, by stabbing him to death with a knife, thereby committing an offence punishable under the Criminal law of Lagos State, Nigeria,2015. She was thereafter, remanded at the Correctional Home for Girls, Idi-Araba and the case adjourned for legal advice of the Lagos State Director of Public Prosecutions.
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Speaking on the matter, the Director, OPD, Dr. Babajide Martins expressed satisfaction with the decision of the court to release the girl of the murder charge. Martins while appreciating the professionalism, diligence, and timely advice of the DPP on the matter which made it possible for the girl to be released because no prima facie case was established against her. He assured other indigent people being represented in various cases that OPD has been re-organized and re-engineered to deliver first-class free legal services in line with the current administration philosophy of better security and governance to all residents irrespective of gender and religion.
The Director, therefore, appealed to those that have suffered any form of rights denial, abuse, and violence to visit any of the offices of OPD nearest to them for free legal service. Martins assured members of the public that the office is still attending to the public during the lockdown within the governor`s directive.
Director, Public Affairs, OPD, Mr Mamud Hassan ,said in a statement that :
“In their comment, the parents of the girl, Ojo Taiwo and Funke expressed deep appreciation to the Lagos state government and OPD for coming to their rescue with free legal services. According to them, without such institution established by the Lagos state government for indigents, they would have lost hope of getting access to justice considering their low-income status in a case of this nature”.
Meanwhile,the Federal Government (FG)has announced that it would take decisive action against rapists henceforth, describing the upsurge as embarrassing.
This is even as it has decided to push for the domestication of the Violence Against Persons Prohibition Act (VAPPA), 2015 in states in order to ensure rapists face deserved punishments for their actions.
The VAPPA defines rape as when a person intentionally penetrates the vagina, anus or mouth of another person with any other part of his/her body or anything else without consent, or with incorrectly obtained consent. Consent can be incorrectly obtained where it is obtained: by force/threats/intimidation; by means of false and fraudulent representation as to the nature of the act, by the use of substances capable of taking away the will of that person; by a person impersonating a married woman’s husband in order to have sex.
The VAPPA law is only applicable in the Federal Capital Territory, it does not apply in other States of the Federation.
Child Rights Act (CRA), provides that sex with a child is rape, and anyone who has sexual intercourse with a child is liable to imprisonment for life upon conviction.
Federal Executive Council (FEC), presided over President Muhammadu Buhari, took the decision following a memo presented by the Minister of Women Affairs, Pauline Tallen, following the outrage that has greeted high cases of rape and gender based violence in the country, as a result of lockdown necessitated by the outbreak of coronavirus (COVID-19).
Outrage had trailed the death of Vera Uwaila Omozuwa, a 22-year-old microbiology student, raped and killed in an empty church in Benin City.
18-year-old Barakat Bello, who was taking her bath, was raped and macheted to death in Ibadan, Oyo State.
Fourteen men in Jigawa State were reported to have repeatedly raped a minor.
No fewer than 80 rape cases were recorded in various parts of Anambra State during the COVID-19 lockdown between April and May.
