Father bags 10 years jail term for raping, impregnating 10-year-old daughter
EMERGENCY DIGEST – Justice Muslim Hassan of a Federal High Court in Lagos on Friday sentenced a 58-year old farmer, Yesiru Onajobi, to a jail term of 10 years for rape and defilement of his teenage daughter.
The Judge, who noted the rising wave of rape in the society, ordered that the convict would serve 10 years imprisonment without option of fine.
The News Agency of Nigeria reports that the convict, a resident of Bogije St., Ibeju, in Lekki Lagos, was charged to court in 2011 on a two-count charge of having carnal knowledge of his 13-year-old daughter.
He was prosecuted by The National Agency for the Prohibition of Traffic in Persons (NAPTIP).
The Prosecutor, (NAPTIP), had told the court that after the death of Onaboji’s wife, he took custody of his only daughter who is a twin, while her brother was with relatives.
The convict was said to have engaged in repeated sexual adventures with his daughter, with whom he shared the same bed and restrained her movement or interaction with neighbours.
Although the convict had pleaded not guilty to the charge, the case suffered some setbacks and adjournments as he had no legal representation for several months while he was in custody.
The trial, however, subsequently commenced after a lawyer was provided for the convict from the Legal Aid Council.
In his lengthy judgement on Friday, Hassan gave a detailed analysis of the facts of the case as reflected in the charge and the various arguments as canvased by respective parties.
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The court expressed dissatisfaction at the high rate of rape, defilement, assault and sexual abuse of the girl child, which had become prevalent in the society.
“The issue for determination as formulated by counsel, can be summed into one, and that is whether the prosecution has proved its case beyond a reasonable doubt.
“Proof beyond a reasonable doubt is not proof beyond any shadow of a doubt; once an ingredient of the offence is proved, it is sufficient proof,” he said.
Hassan held that it was difficult to disbelieve the evidence of the victim who he said gave a vivid account of the incidences, adding that her testimony remained constant at all times.
” The evidence of PW1 was consistent both in her examination-in-chief and under cross-examination.
“PW 2 also corroborated this evidence and the defendant did not produce any evidence to prove his denial.
“I believe the evidence of PW1 and I hold that the prosecution has been able to prove its case.
“I hereby convict you, Yesiru Onajobi, on this charge and I call for allocutus,”
After listening to a very brief allocutus (plea for mercy) by defence counsel who urged the court to temper justice with mercy, the court held that the charge against the convict was a serious one.
“The right of custody of a child does not extend to abuse as done in this charge.
“The offence of defilement and child molestation is becoming rampant in our society, as one cannot leave his child under the care of his neighbour.
“I hereby sentence you, Yesiru Onajobi to 10 years imprisonment each on counts one and two, without an option of fine.
“The terms shall run concurrently from the date of arrest,” he said
NAN
