The Ikeja Sexual Offences and Domestic Violence Court presided over by Justice Ramon Oshodi, on Monday, sentenced 23-year-old John Osifo to life imprisonment for defiling his eight-year-old student.
The defendant was initially arraigned on January 31, 2022, on a one-count of defilement to which he pleaded not guilty.
Osifo’s charge sheet read, “Statement of offence defilement of a child contrary to Section 137 of the Criminal Law of Lagos State 2015.
“Particulars of Offence, Osifo John between May 2020 and June 2021, at number 2 Vissol Street, Jejelaye, Ajamgbadi, and Marifod Private School Ajamgbadi, Lagos, in the Ikeja Judicial Division did defile one (name withheld) aged eight years, by having unlawful sexual intercourse with her.”
The prosecution counsel, B. T. Boye, O. Aluko, I. D. Solarin and B. E. Okeowo, called three witnesses, the prosecutrix’s mother, the prosecutrix herself, and Mary Adenike Osuntoye, a medical doctor, while the defence counsel, Gbenga Olubanke, Peju Owowa and co, called eight witnesses, a student of the home lesson, the school administrator, a fellow school teacher, the mother of the student, the defendant’s father, the defendant, then a school pupil and her mother.
It was also gathered that the prosecutrix gave detailed testimony about multiple incidents of sexual intercourse, and testified that during COVID-19 and home lessons, the defendant would tell her brother to go outside to do homework and then follow her when she went to get water. She described how he would push her onto a chair in the parlour, remove her clothes and insert “his wee wee in her wee wee”, pointing to her private parts while giving testimony.
She testified that blood would come out after which he would take her to the bathroom to clean her up and threaten her not to tell anyone. She also described a school-based incident to the court, with remarkable specificity stating that during break time between 11:00 and 11:30 am, the defendant would ask her to meet him behind the toilet where he would lay her on the grass and have intercourse with her. She provided a distinctive detail stating that the defendant would use a red handkerchief to clean water that had come out afterwards.
She further stated that she experienced pain and difficulty in sitting and walking afterwards but when her mother noticed and asked her, she blamed it on leaves in the compound scratching her.
The prosecutrix’s mother testified about her torn underwear and her daughter’s eventual confession stating that when she noticed her daughter’s new underwear was frequently torn, she tried to find out what happened. She revealed that the prosecutrix initially resisted disclosure, saying, “Mummy, if I tell you, will you beat me ?” before revealing the abuse.
According to the medical doctor, specific findings consistent with sexual abuse were documented, like whitening discharge, absent hymen, healed bruises, and inflammation in the prosecutrix genitalia. She stated that these findings indicated features that are consistent with blunt force trauma.
In his judgment, Justice Ramon stated that the prosecution had proved beyond reasonable doubt the case of defilement.
“The prosecution counsel has been able to prove their case beyond a reasonable doubt. The prosecutrix testimony is supported, not only by medical evidence and her mother’s prompt reporting but also inadvertently corroborated by the defence witness’s admissions about the defendant’s unsupervised access. The defendant’s credibility was totally undermined by his first testimony and pattern of escalating fabrications, while the defence witnesses admitted bias or contradicting each other.”
He then found the defendant guilty, stating that the ingredients of defilement had been proved beyond doubt.
“Therefore, I find the defendant guilty of defilement contrary to Section 137 of the Criminal Law and convict him accordingly.”
Prosecution counsel, Okeowo, asked the court to convict the defendant accordingly.
“The convict who was a teacher to the survivor and entrusted with the prosecutrix and other students, took advantage of the survivor by having carnal knowledge of her on several occasions during break time and home lessons. The convict has failed the Nigerian Union of Teachers and failed the survivor and other students. We ask that he be sentenced according to Section 137 of the Criminal Law of Lagos State and his name be registered as a sex offender and this be known to society that there is no tolerance for child abuse or molestation.”
Justice Ramon Oshodi then sentenced the defendant to life imprisonment for defiling the girl.
“You stand convicted of defilement contrary to Section 137 of the Criminal Law of Lagos State. This section prescribed life imprisonment for anyone who has sexual intercourse with a child. The gravity of this offence cannot be overstated. As a teacher, you occupy a position of trust which you breached, you exploited not only the vulnerability of an eight-year-old child but also took advantage of the COVID-19 lockdown when you went to her house to take lessons. Most troubling is the calculated nature of your actions. You systematically manipulated a child, threatening her into silence and continued to abuse her over an extended period.
“A psychological impact on the child is well-documented, instead of showing remorse, you chose to fabricate elaborate stories and false accusations even against the child’s mother alleging that she tried to seduce you, demonstrating a lack of appreciation of the gravity of your action. The law prescribes life imprisonment for this offence recognising society’s need to protect its most vulnerable members. Accordingly, I sentence you to life imprisonment under Section 137 of the Criminal Law, you shall also be registered as a sex offender,” he stated.
