AN Ikeja Domestic Violence and Sexual Offences Court on Monday sentenced a school bus driver, Tony Akpan, to life imprisonment for sexually assaulting a five-year-old pupil.
Justice Abiola Soladoye in her judgment, held that the prosecution had overwhelming evidence to prove the charge of sexual assault against Mr Akpan and his accomplice, Itoro Wilson, the school bus assistant.
The judge also sentenced Mr Wilson, to two years’ imprisonment for assisting the convict to evade justice.
“There is an overwhelming evidence before the court. The testimony of the survivor is truthful and boldly narrated by her. The medical doctor’s testimony also corroborated what she said.
“The first defendant is hereby found guilty as charged contrary to the provisions of Section 261 of the Criminal Laws of Lagos State and is hereby sentenced to life imprisonment.
“The first defendant should have his name entered in the Sex Offenders Register of the Lagos State Government”, she held.
The judge said the second defendant ought to have spoken up and not conceal the truth. “The punishment meted out to this defendant will serve as deterrent to others out there. The second defendant is hereby sentenced to two years’ imprisonment for felony.”
The judge also tasked Roy Mind Favour Filled School, Unilag Estate, Magodo, Isheri, where the survivor attended, to recruit responsible staff.
“The school in question should recruit responsible staff. That Roy Mind Favour Filled School is not making a free service. The parents must get value for the money they pay. Miscreants should not be on the payroll of any responsible school. Children are meant to be protected and not be subjected to any assault whatsoever,” the judge said.
The News Agency of Nigeria (NAN) reports that five witnesses testified against the defendants at the trial. The prosecution team, Olusola Shoneye, Olufunke Adegoke, and Abimbola Abolade, said the convicts committed the offence on October 20, 2017, on Magodo Road, Isheri, Lagos.
The prosecution said the offence contravened the provisions of sections 137 and 415 of the Criminal Laws of Lagos State, 2015.
Meanwhile, while delivering judgement in another case of alleged rape on Monday, Justice Soladoye acquitted a man, Sunday Akpan, accused of raping his 10-year-old step-daughter.
Justice Soladoye held that the prosecution did not call the vital witness (survivor) who was alleged to have been raped.
The judge held that “the essential elements of defilement were not put in place as the prosecution did not call the vital witness who is the victim alleged to have been defiled.
“It is the duty of the prosecution to call admissible witnesses against the defendant. Ample opportunities were given to the prosecution to bring more witnesses to court but all to no avail. The court cannot wait forever.
“The court is only interested in the testimony of quality witnesses. I wish to say that the case has been a colossal waste of time. The defendant is hereby discharged and found not committing the crime.”
Interestingly, the prosecution is made up of the same persons who successfully prosecuted the earlier rape case reported above. They alleged that the freed defendant committed the offence on December 8, 2018, at 2pm in Thomas Estate in Ajah.
