that she was raped by Oba Alli"
The almost three years case of rape leveled against the Alowa of
Ilowa-Ijesa in Obokun Local Government Area of Osun state, Oba Adebukola
Alli yesterday came to an end as Justice Oyejide Falola of an Osun state
High Court sitting in Ikirun discharged and acquitted the monarch.
The case which was instituted by an ex corps member, Miss Helen Okpara who
alleged that the monarch raped her at his private residence in Osogbo had
suffered long adjournment at both the Magistrate and High court 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.
Delivering his ruling on the case, Justice Falola said Miss Okpara failed
to tender enough exhibits to convince the court beyond reasonable doubt
that she was raped by Oba Alli.
He submitted that a case of rape can only be established with exhibits
which include the used bed sheet, the victim’s pant and medical report
which indicates forceful penetration, adding that the prosecutor failed to
tender all these.
Citing the case of Corporal Nicholas versus the Nigerian Army, Justice
Falola in his over one hour judgment stated that there was no claim that
the ex corps member was attacked by the monarch during the process of
raping her as she had claimed.
Justice Falola, who said Miss Okpara failed to show to the court the
bruises on her virginal as evidence that she was raped, noted that the
prosecutor also failed to show to the court her torn clothes as she had
claimed in her submissions before the court.
While stressing that the case of rape must be proved with injuries
sustained on the private part and other parts of the body, Justice Falola
said the court was not convinced that Miss Okpara sustained any injury on
any part of her body.
He said the court was able to establish that both the monarch and the
prosecutor had been having sexual relationship before a misunderstanding
ensued between them, adding that from all evidences before the court, Miss
Okpara was well know 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
the Police failed to conduct proper and objective investigations into the
matter.
Also, 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.
According to him, the monarch had through his action taken royalty into the
dunghill and brought disgrace to both his family and the community he rules.
However, Falola noted that social and moral behaviors are not punishable
under the laws of the land, and thereby declared that the monarch should be
discharged and acquitted.
Reacting to the court judgment, counsel to the state government who also
represented Miss Okpara, Mr Femi Adedokun said the state government would
upon advice by the Attorney General and Commissioner for Justice, appeal
against the court judgment.
Counsel to the monarch, Mr. Taofeeq Tewogbade hailed the court judgment,
describing it as "God’s judgment which came at the appointed time."
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