Justice Atinuke
Ipaye of a Lagos High Court Ikeja has sentenced a 32 years-old Kenechukwu Okonkwo
14-years imprisonment for raping a 29 years-old Virgin, (name withheld)
The presiding judge while delivering
judgment yesterday said that the prosecution proved their case beyond
reasonable doubt and found him guilty of the offence.
She
sentenced Oknonwo to 14 years imprisonment one count charge of rape brought
against him by the Lagos State government.
"In the light of all my findings, the
prosecution has proven their case beyond reasonable doubt. I find you
Kenechukwu Okonkwo guilty of rape contrary to Section 258(1) of the Criminal
Law of Lagos State 2011
“I
hereby sentence you to 14 years imprisonment commence from today March 24,
2017.”
Before the sentencing, counsel to Okonkwo,
Mr Worer Obuagbaka in his allocutus, asked court to temper justice with mercy.
He told the court that Okonkwo was a first time offender and was repentant.
“The convict is a first time offender and
the only son of his family, he lost his mother last year to cervical cancer and
he has been in custody since December 2013.
“During
this period, he has learnt his lesson, I plead with the court to pass a light
sentence on the convict and to temper justice with mercy."
"He has been in custody since 2013,
during this period he has learnt his lessons, he pleaded with the court to pass
a light judgment and to temper justice with mercy. " Oduagbaka pleaded.
While delivering judgement, Ipaye said that
rape is a serious crime, which must be eradicated.
"Rape is an act of an extreme violence
against women, society must have zero tolerance to this act against the
honourable members of the society." the judge said
However,
the prosecutor led by Mr Kazeem Adeniji, the Lagos State Attorney-General and
Commissioner for Justice, showed appreciation for the judgment.“Thank you My
Lady for the well considered and erudite judgment."
During the trial, the prosecution led by
Adeniji said that Okonkwo committed the offence on Dec. 27, 2013 in his one –
bedroom apartment located in Ketu Lagos.
“The
complainant was a 29-year-old saleswoman (name withheld) who was a virgin.She
became friends with Okonkwo who was a security guard working at a supermarket
where she supplied goods.
In her testimony before the court, the
victim told court that she has accommodation problems and was about to be
evicted from her home, she confided in Okonkwo about her problem and he offered
to keep some of her property in his apartment.
“I came to inspect his apartment which was a
‘face me I face you,’ doubting the suitability of his apartment. I wanted to
leave but he blocked the exit, he forcefully dragged me from the corridor into
his apartment.
“I was screaming and begging him in Igbo
language but he said i've been suffering him for too long, I shouted for help
but he gagged me with a wrapper and forceful sleep with me in his
bedroom."
She further told court that the noise and
commotion in the apartment attracted Okonkwo’s co-tenants who came to intervene
to no avail.
“It was when the landlord knocked on Okonkwo’s
door to enquire about the noise that the complainant was able to escape.”
In
his defence, Okonkwo denied the rape, claimed that the sexual intercourse
between him and the complainant was consensual.
“I was friends with her, I told her I liked
her and had a desire to marry her, she usually visited me at my apartment on
Sundays with members of her church.
"On that fateful day, I
attended a naming ceremony and while I was leaving the ceremony, I received a
phone call from the complainant saying that she was at my house.
“I got to home she collected the bag of pure
water I was carrying and asked me what I wanted to eat and I told her I wanted
to eat indomie.
“She
changed into a pair of tights from her jeans trousers to make the indomie and I
played an adult movie which we watched together while we had dinner. She made
me promise that I will marry her and thereafter we made love,” he said.
When he was cross-examined by Adeniji,
the convict admitted contrary to his testimony that the complainant visited him
for the first time on the day of the incident.
The
judge however noted the inconsistencies in Okonkwo’s testimony, said, “The
defendant is not only economical with the truth, he should not be believed.
There were inconsistencies in his testimonies and his longstanding friend, who
testified on his behalf as DW2, could not recall knowing her as his girlfriend.
“She was at risk of having her belongings
thrown out of where she was staying and he took advantage of her vulnerable
state on the night of Dec. 27, 2013.
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