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 for the past three years, yesterday, left the court premises a free man
as Justice Oyejide Falola of an Osun State High Court sitting in Ikirun discharged
and acquitted him.
Justice Falola, in his judgment, held that the
complainant failed to show to the court bruises as evidence that she was raped,
noting that the prosecutor also failed to show to the court her torn clothes as
she had claimed in her submissions before the court.
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.
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 October 8th.
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 judgment, 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 pants
and a 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, stressed that a
case of rape must be proved with injuries sustained on the private part and
other parts of the body.
He 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.
According to him, the monarch had, through his
action, taken royalty into the dunghill and brought disgrace to his family and
the community he rules.
However, Falola noted 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.
Reacting to the judgment, state counsel, Mr.
Femi Adedokun, who also represented Okpara, said the state government would,
upon advise by Attorney-General and Commissioner for Justice, appeal against
the judgment.
Counsel to the monarch, Mr. Taofeeq Tewogbade,
described the judgment as “God’s judgment, which came at the appointed time.”
Say "NO" to RAPE - W.A.R NIGERIA
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