by Alo Abiola (Leadership)
For raping a 85-year-old woman, one Durodola Kayode Ogundele has been sentenced to life imprisonment by an Ekiti State High Court, sitting in Ado Ekiti.
Ogundele was arraigned before the court presided over by Justice Monisola Abodunde on one count charge bordering on rape.
The charge reads that Durodola Kayode Ogundele, on 15th day of June, 2021 at Ayetoro Ekiti in Ido/Osi local government area of Ekiti State, within the jurisdiction of the honorable court, did rape an 85years old woman. The offence contravened section two of the Ekiti State Gender Based Violence (Prohibition) Law, 2019.
The victims’ daughter, Opeyemi Bolaji, in her testimony before the court, said, “I came to give my mother breakfast, on getting to her, I found her in an unsettling physical condition, after finish eating and upon further prompting to find out reason for her restlessness, she told me that the defendant did not allow her to sleep, she said the defendant came to her room around 1:00am and rubbed a balm all over her body, including her anus and vagina, massaged her body, sucked her breast and forcefully had sex with her”, she concluded. “When I tried to find out from the defendant, he said, my mother must have been dreaming,” she said.
The matter was first reported at Ido Ekiti Police Station and was later transferred to State Criminal Investigation Department of the Nigeria Police Force, Ado Ekiti.
The prosecutor, Folasade Alli called five witnesses including the investigating police officer and a medical doctor. She tendered victims’ statement, defendants’ statement, and medical report from Federal Teaching Hospital, Ido Ekiti among others as exhibits to proof her case.
The defendant who spoke in his own defence through his counsel, M.O. Folorunso called no witness.
Delivering her judgement, Justice Monisola Abodunde said, “I am therefore not in doubt that prosecution has finally established through circumstantial evidence, that is cogent, compelling and most conclusively, that the defendant intentionally and calculatedly penetrated the vagina and anus of the victim with his penis after rubbing a dark balm on her body and private part.
“On the whole, I find that prosecution have discharged an evidential burden placed on them in law by circumstantial evidence, supported by the totality of the combined evidence of the witnesses, corroborated by the extra judicial statements of the victim made at the earliest opportunity.
“The defendant is found guilty as charged for rape contrary to Section 2 of the Ekiti State Gender Based Violence (Prohibition Law) 2019 and he is convicted, and accordingly sentenced to Life Imprisonment in line with Section 2 (2) of Ekiti State Gender- Based Violence (Prohibition Law) 2019.