Court denies two varsity dropouts bail – TheNigerialawyer

An Ikeja Sexual Offences and Domestic Violence Court has denied
two dropouts of Babcock University, Don-Chima George, 25, and
Olusegun Rasak, 28, bail for allegedly drugging and gang-raping a
24-year-old woman in a hotel in Lekki, Lagos.

Justice Abiola Soladoye, while ruling on their bail application,
said the applicants had not provided any compelling circumstances
which would warrant them being granted bail.

“It is without doubt that a defendant is presumed innocent until
proven guilty as provided for in Section 36(5) of the 1999
Constitution as amended.

“Notwithstanding this, the court is still vested with the duty
to consider the weight of facts in the affidavit placed before it
viz-a-viz the charge and proof of evidence placed before the
court.

“In exercising my discretion, I am, therefore, of the considered
view that the applicants have not placed any compelling or
exceptional circumstances to warrant this honourable court to
exercise its discretion.

“Bail is denied to the applicants and this honourable court
shall give this case accelerated hearing,” Justice Soladoye
said.

The News Agency of Nigeria (NAN) reports that George and Rasak
are facing a two-count charge of conspiracy and rape.

They are alleged, by the prosecution, to have committed the
offences on Feb. 3, from 5.00a.m. to 7.00a.m. at Delankaster
Hotels, Lekki Phase 1, Lagos.

The prosecution said the defendants, while at a nightclub,
allegedly mixed the complainant’s (name withheld) drink with a
substance that rendered her unconscious.

The prosecution alleged that they took the complainant to
George’s father’s hotel, where they allegedly took turns to rape
her while videotaping the sexual offence.

According to the prosecution, the offences contravened Sections
258 and 409 of the Criminal Law of Lagos State, 2015.

During the bail hearing held on March 27, Dr Jide Martins, the
Director of Lagos State Directorate of Public Prosecutions (DPP)
had appealed that the court should deny the defendants bail due to
the nature of the offences.

Read Also: Court refuses to sack Kogi House of Reps member
Martins had also noted that there was a high likelihood of the
defendants interfering with the witnesses if they leave prison
custody.

He said: “An allegation of rape for a victim is bad enough, then
the allegation of rape against two people well known to the victim
who gang-raped her is absolutely condemnable.

“I just want to reiterate that the two defendants will not
answer the bail but will flee. There is also nothing relating to
the health of the defendants that will warrant their need for
bail.

“There is no life threatening medical condition with which the
defendants can justify the court’s discretion to grant bail in
their favour.

“There is also a video recording of the offence. We urge your
Lordship to refuse the bail application because it lacks
merit.”

The defence counsel, Mr Tunji Ayanlaja (SAN) via a summons for
bail dated March 12 asked the court to grant the defendants
bail.

Ayanlaja noted that the DPP in its counter-affidavit was
objecting to the defendants’ bail application because of the social
status of their parents.

“The defendants have been in custody since Feb. 6, the parents
of the two defendants are in court and they are of good parentage.
The parents will ensure their sons attend court proceedings.

“From the counter-affidavit served on us by the prosecution, it
seems that the crux of the objection of my learned friends is that
the applicants should suffer on account of their parentage.

“There are no facts deposed in their affidavit except that they
said they may tamper with the witnesses.

“This will not be enough to sway your Lordship as special facts
for your Lordship to hold that they be denied bail,” Ayanlaja had
said.

Justice Soladoye adjourned the case until May 15 for trial.

NAN

Subscribe ToNairalaw News!