A lecturer in the University of Benin (UNIBEN), Dr. Omowumi Olabode Steven, accused of raping a female student in his (Ekundayo’s) office, Department of English Language was on Friday discharged and acquitted by Edo State High court sitting in Benin City.
Ekundayo”, a senior Lecturer in the Department of English and Literature, University of Benin, was accused of sexually assaulting a final year female student of the Department in his (Ekundayo’s) office in October 5, 2021.
Delivering his judgement in a suit marked B/CD/8CV/22 yesterday, Justice Mary Itsueli, held that the prosecution team failed to prove their case against the accused.
Justice Itsueli, who uphold the ‘no case submission case filed by the defence Counsel and former Attorney General and Commissioner for Justice, Edo State, Dr. Osagie Obayuwana, stating that the evidence of the PW 1 (the nominal complainant) was at variance with the evidence of the remaining five prosecution witnesses.
He also maintained that the prosecution team also failed to tender the University of Benin Teaching Hospital’s (UBTH) medical report as exhibit to court during the trial.
Justice Itsueli also held 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 link with the defendant.
The court further held that the Nigeria police never carried out thorough investigation before arresting the accused and charging him to court.
Justice Itsueli said, “The prosecution case is beret 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 defense. No case submission of the defense counsel is hereby upheld.
“The case is hereby dismissed for lack of evidence and the accused is discharged and acquitted’, Justice Itsueli said.
Recall that Dr Steven, had been queried and placed on interdiction by the University of Benin
Management over the scandal, pending the final determination of the case in court.
This followed the arrest, arraignment of the University don for sexual assault.
He was thereafter granted bail on stringent conditions by the court, which discharged and acquitted the accused, citing lack of substantial proofs and evidence against the accused.
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