An Osun State High Court sitting in Ilesa has sentenced a
politician in Osun State to life imprisonment for raping a pregnant woman.
Obafemi Kolawole, a political associate to one Ganiyu
Oladiran, a chieftain of the Peoples Democratic Party in Ilesa, was on
September 23 convicted and sentenced to life imprisonment with whipping.
A.B Abdulkareem, the trial judge, while finding Mr. Kolawole
guilty noted that although the corroboration of a second prosecution witness
was limited to assault, it does not corroborate penetration which is the vital
ingredient necessary for rape.
However, the medical report tendered by one Dr. Isawumi
corroborated the needed penetration necessary to convict the accused.
The judge thereafter held that Rachel Ojimi, the prosecution
counsel and a Chief State Counsel at the Ministry of Justice, had been able to
prove its case beyond reasonable doubt.
According to the prosecution, Mr. Kolawole, on 15th
September, 2007, raped a pregnant lady (names withheld to avoid
stigmatization), a member of the then Action Congress of Nigeria, ACN (now All
Progressives Congress, APC) who was pregnant at the time of the incident.
The event occurred after the 2007 gubernatorial election in
Osun State.
The prosecution charged Mr. Kolawole before the State High
Court on a two-count charge of rape and indecent assault contrary to Sections
358 and 360 of the Criminal Code cap 34, Vol II, Laws of Osun.
Four prosecution witnesses were called namely: the pregnant
lady, Lawal Sikiru, Dr. A.I Isawumi, and Olatunji Arojo, a police Sergeant and
the Investigating Police Officer; while Mr. Kolawole testified in his defence,
along with Mr. Oladiran, Adediran Kehinde, Adewusi Olowolodu and Olayinka Alege.
At the trial, the lady said that on September 15, 2007, the convict and his cohorts, who are
not Police Officers came to arrest her at her house at about 7:30p.m. for an
unknown offence. On sighting them and knowing their antecedents in the vicinity,
she took to her heels. The convict pursued, caught up with her, and beat her
up.
Having overpowered her, the lady said the convict stripped
her naked and raped her, and that when her cry for help became unbearable, he
covered her mouth.
According to her, her neighbours in the compound had gone to
the Mosque because it was the period of the Moslem fast. Thereafter she was
bundled into a waiting jeep to join two other men whom she found in the same
predicament as her.
The lady further testified that they were driven to Mr.
Oladiran’s house and tied to a tree where the trio were mercilessly flogged;
the convict later untied her and plucked out her pubic hair, put it in her
mouth and swallowed with dry gin. Thereafter, he went ahead to insert a tin
opener into her vagina and poured dry gin all over her body. Then he raped her
again.
The second prosecution witness, Mr. Sikiru, testified that
on the fateful day, he was one of the two naked men in the waiting jeep; the
other was one Gbadamosi Lasun.
He stated further that he had earlier received his own share
of the beatings before being bundled naked into the jeep belonging to Mr.
Oladiran when the lady was brought in naked, and that the trio were driven to
Mr. Oladiran’s house and tied to a tree where they were beaten and the contents
of dry gin was poured all over their body.
According to him, the lady was untied by the convict who
plucked out her pubic hair, inserted a tin opener into her vagina, before going
ahead to pour the dry gin into her (vagina) and then sought the consent of the
Chief (Mr. Oladiran) to have another round of sexual intercourse with her.
The Chief consented and she was taken to the boot of the
jeep from where they heard her shouting for help.
The medical examination conducted on the lady three days
upon presentation after the incident at LAUTECH by Dr. Isawumi revealed that
there was penetration and that the swap taken from the defendant was full of
alcohol.
It was also discovered medically, that as at the time of the
incident the lady was pregnant.
Mr. Arojo, the IPO, on his own part, testified that the lady
and others were brought to the State Police Command Monitoring Unit at Okefia
by Mr. Oladiran who claimed that the lady, and the others, whom he got arrested
were the ones who assaulted him after the April 2007 Gubernatorial Election in
the State.
According to him, while receiving the statements of all
concerned, and conducting investigation into the matter, it was discovered that
Mr. Oladiran’s captives, that is, the lady and the others, were indeed the
victims, and the supposed complainants and cohorts were the accused persons and
were consequently charged to court.
Mr. Kolawole (the convict) in his own defence, denied the
allegations made against him. He admitted going to the lady’s house on the
fateful day and arresting her, but denied stripping her naked; rather, he said
he handed her over to his colleagues, who drove her and other captives to
Chief’s house, where they were later handed over to the police. His other
witnesses also admitted that the lady and others were driven to the Chief’s
house.
Mr. Oladiran, while testifying for the defence, claimed his
co-accused at the Magistrate Court who arrested the defendant and the others
were his sympathizers.
[Premium Times]
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