A 58-year-old farmer, Yesiru Onajobi, was yesterday sentenced to 10 years imprisonment by Justice Muslim Hassan of a Federal High Court in Lagos, for rape and defilement of his teenage daughter.
The Judge, who noted the rising wave of rape in society, ordered that the convict should serve the term without option of fine.
The convict, a resident of Bogije Street in Ibeju Lekki, Lagos, was charged to court in 2011 on a two-count charge of having carnal knowledge of his then 13-year-old daughter. He was prosecuted by the National Agency for the Prohibition of Traffic in Persons (NAPTIP) had told the court that after the death of Onaboji’s wife, he took custody of his only daughter, who is a twin, while her brother was with relatives.
The convict was said to have engaged in repeated sexual adventures with his daughter, with whom he shared the same bed, and restrained her movement or interaction with neighbours. Although the convict had pleaded not guilty to the charge, the case suffered some setbacks and adjournments, as he had no legal representation for several months while he was in custody.
The trial, however, subsequently commenced after a lawyer was provided for him from the Legal Aid Council (LAC).
In his lengthy judgment, yesterday, Justice Hassan gave a detailed analysis of the facts of the case, as reflected in the charge, and the various arguments, as canvased by respective parties.
The Judge decried the high rate of rape, defilement, assault and sexual abuse of the girl-child, which had become prevalent in society, adding: “The issue for determination, as formulated by Counsel, can be summed into one, and that is whether the prosecution has proved its case beyond reasonable doubt.
“Proof beyond reasonable doubt is not proof beyond any shadow of doubt; once an ingredient of the offence is proved, it is sufficient proof.” Justice Hassan held that it was difficult to disbelieve the evidence of the victim, who he said gave a vivid account of the incidences, adding that her testimony remained constant at all times.
“The evidence of PW1 was consistent both in her examination-in-chief and under cross-examination.“PW 2 also corroborated this evidence and the defendant did not produce any evidence to prove his denial. “I believe the evidence of PW1 and I hold that the prosecution has been able to prove its case.
“I hereby convict you, Yesiru Onajobi, on this charge and I call for allocutus.”After listening to a very brief allocutus (plea for mercy) by defence Counsel, who urged the court to temper justice with mercy, Justice Hassan held that the charge against the convict was a serious one, noting: “The right of custody of a child does not extend to abuse, as done in this charge.“The offence of defilement and child molestation is becoming rampant in our society, as one cannot leave his child under the care of his neighbour.
“I hereby sentence you, Yesiru Onajobi, to 10 years imprisonment each on counts one and two, without option of fine.”“The terms shall run concurrently from the date of arrest.” The charge was first filed before Justice Barbara Molokwu in 2011, but was reassigned to Justice Chukwujekwu Aneke after the transfer of the trial Judge.
