Justice Oyejide Falola of an Osun State High
Court sitting in Ikirun discharged and acquitted The Alowa of Ilowa-Ijesa in
Obokun Local Government Area of Osun State, Oba Adebukola Alli, who had been
standing trial over alleged rape of a former National Youth Service Corps,
NYSC, member, Miss Helen Okpara.
Justice Falola, in his judgment, held
that the complainant failed to show to the court enough evidence that she was
raped, noting that a case
of rape could only be established with exhibits such as bed sheet, the victim’s
pant and a medical report indicating forceful penetration, adding that the
prosecutor failed to tender all these. .
However, Justice Falola expressed
displeasure on the attitude of the traditional ruler, saying that he had
denigrated royalty by sleeping with a corps member serving in his domain.’’ the
monarch had, through his action, taken royalty into the dunghill and brought
disgrace to his family and the community he rule’’, the judge said.
The controversial case in which the
ex-corps member had alleged that the monarch raped her at his private residence
in Osogbo, had suffered long adjournment at both the Magistrate’s and High
courts before it was eventually determined yesterday.
Okpara, a 23-year-old ex-corps
member, who served at the monarch’s domain between 2010 and 2011, had alleged
that the monarch forcefully had canal knowledge of her when he cunningly took
her to his private residence located at Rasco area, Osogbo.
Citing Justice Falola, while citing the
case of Corporal Nicholas versus the Nigerian Army, Justice Falola, in his over
one hour judgment, stressed that a case of rape must be proved with injuries
sustained on the private part and other parts of the body, said the court was
not convinced that Miss Okpara sustained any injury on any part of her body and
that the court was able to establish that both the monarch and the complainant
had been having sexual relationship before a misunderstanding ensued between
them.
Justice Falola said that from all
evidences before the court, Miss Okpara was well known to everybody at both the
palace and the private residence of the monarch.
He blamed the police for poor
investigation of the matter, stressing that police failed to conduct proper and
objective investigations into the matter
He, however,
condemned such relationship involving a traditional ruler, saying his action
had brought his stool into disrepute as well as disgrace to his family ,
community and added that social and moral behaviours are not punishable
under the laws of the land, and thereby declared that the monarch should be discharged
and acquitted.
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