Barely 24 hours after an Ogun State High Court, sitting in Isabo,
Abeokuta sentenced a 21 year-old house help to death by hanging for
hacking a retired magistrate to death, the court also on Thursday
sentenced a retired soldier, Alabi Ibrahim to life imprisonment for
raping his 10-year old stepdaughter and infected her with HIV.
Ibrahim, who committed the offence in 2012 in his house where both
the victim and her mother reside with him, was subsequently arrested by
the police and later charged to court.
Earlier in the trial under case number AB/37/C/14, a medical report
presented in the court by the Federal Medical Centre, Abeokuta
established that the convict had sexually assaulted the girl and also
infected her with HIV.
The report tendered by Dr. Seyi Adejobi had it that apart from
defiling the girl, blood test also revealed that the girl had HIV, while
the convict’s blood sample also tested positive of HIV.
Similarly, the assaulted girl told the court that, she had lost count
on number of times her step father had canal knowledge of her. She also
told the court that at the end of every sex, the convict always
threatened her that she would die if she should tell anybody.
The convict’s counsel, Adebola Okudoro in his plea told the court,
that allegation against him was an hearsay, and appealed to the court to
temper justice with mercy.
“My Lord, the accused person is a first offender. The health of
accused should be put into consideration. He is infected with HIV, and
will need access to medical attention, which is very expensive, and
there is no such facility in prison custody.
“The accused person is the breadwinner of his family. He has several
dependants. We pray the court to temper justice with mercy”, the counsel
pleaded.
Delivering his judgment, Justice A.A Akinyemi said the accused faced
a one count charge of having sexual intercourse with the child, offence
said to be contrary to section 3 of Child Rights Law. He said that the
court was convinced with the allegation against the accused after
several court sittings.
Akinyemi added that “the victim’s testimony during a cross
examination showed that, she was telling the truth, and not tutored and
there were concrete evidences that the victim was sexually assaulted,
having also lost count on number of times the convict assaulted her.
“The court is convinced about the girl evidences, she is intelligent.
She remained consistent during cross examination. She does not seem to
have been tutored. I find her evidence credible. Evidence of her mother
corroborated her own”, the judge stated.
The judge made references to the medical report which stated that the
accused infected the girl with HIV, stressing that the convict’s action
has brought a permanent stigma on the innocent girl.
The judge also explained that evidence of the medical report does not
suggest that the girl had earlier been sexually assaulted, as being
made to believe by the convict. He also nullified the argument that
there was no eyewitness account on the sex allegation, pointing out that
those who engage in rape do not employ the service of cameramen; rather
the witnesses are the accused and the respondent.
“I am fully convinced that the accused had repeatedly had sex with
the girl. I find the accused guilty as charged. I find it not in my mind
to show any mercy. The man is shameless, sleeping with mother and
child, what an abomination. People like him need not to be in the
society. I therefore sentence him to life imprisonment; he should
however be given access to reasonable treatment”, the judge submitted.
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