Father jailed 10 years for rap*ng, impregnating teenage daughter

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 (NAN) 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, National Agency for the Prohibition of Traffic
in Persons (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 set backs 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.

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 reasonable doubt.

“Proof beyond reasonable doubt is not proof beyond any shadow of
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 option of fine.

“The terms shall run concurrently from the date of arrest,” he
said

The News Agency of Nigeria (NAN) reports that the charge was
first filed before Justice Barbara Molokwu in 2011, but was
reassigned to Justice Chukwujekwu Aneke, after the transfer of
Molokwu.

The case was again reassigned to Justice Hassan following the
transfer of Aneke.

During trial, the victim gave a detailed account of how she was
repeatedly sexually exploited by her father, who threatened to kill
her if she dared to speak to anyone about it.

She had told the court that she slept on the same bed with her
father, and had informed him when she discovered she had missed her
period.

According to the victim, her father had taken her for test and
when the result proved positive, he insulted and accused her of
sleeping around while her mates were in school.

She told the court that her father pressed her mouth with a hot
iron when she attempted revealing the secret, but added that when
her pregnancy began to grow, she then informed her relatives who
took her away to her grand mother.

The victim had told the court that when the baby was born, her
grandmother refused the baby and she then called her father to take
the child.

In his testimony, the defendant told the court that while he was
taking the baby home, he was accosted by passengers who accused him
of kidnapping for rituals.

He said that he was then arrested by police and after making
confessional statements, he was handed over to NAPTIP for
prosecution, while the baby is currently in custody of the
state.

Subscribe ToNairalaw News!