Benin High Court Dismisses Suit against Ekundayo




A High Court sitting in Benin City, presided over by Hon. Justice Mary Itsueli, today, dismissed a suit leveled against Dr. Omowumi Labode Steven, of the Department of English and Literature, University of Benin, for lack of evidence.

Giving judgment on the suit marked B/CD/8CV/22, the trial Judge, Hon. Justice Mary Itsueli, stated that the Prosecution team failed to prove their case against the Accused beyond reasonable doubt.

The trial Judge while upholding the no case submission filed by the Defense Counsel and former Attorney General/ Commissioner for Justice, Edo State, Dr. Osagie Obayuwana, upheld that evidence of the prosecution witness, PW 1, and nominal complainant, did not tally with the evidence of the other five prosecution witnesses.

The Judge observed that the prosecution team failed to tender the University of Benin Teaching Hospital, UBTH, medical report as an exhibit to court during the trial process.

The Judge also noted that the prosecution team did not establish beyond reasonable doubt the three main claims of rape which bother on penetration, sexual intercourse and no consent, with such penetration linked with the defendant.

Another ground for dismissing the case was the claim of a lack of diligent investigation by the police before charging the Accused to court. The Judge gave a summary dismissal, "The prosecution case is beret of evidence and in a criminal case, the claimant is required to prove his or her case beyond reasonable doubt.

"I found no reason to call the Defendant to enter the dock for his defense. No case submission of the Defense Counsel is hereby upheld.

"The case is hereby dismissed for lack of evidence and the Accused is discharged and acquitted."

In hindsight, it is requisite to note that the suit instituted against Dr. Steven, a Senior Lecturer of the Department of English and Literature, University of Benin was brought about by a then final year female student of the department based on the claim of sexual assault, (rape), which she said took place in his office, on October 5, 2021.


 

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