By Sunmola Olowookere

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There was justice at last for fourteen-year-old Nike Anjorin (not real names) as her father, Alo Olusola who had constitently raped her since she was 10 years old was sentenced to a lifetime behind the bars by an Akure High Court Judge, Justice Samuel Bola.
The case was instituted by the prosecution led by Babatunde Falodun in which the defendant was charged on a one count offence of rape.
The convict around June 17, 2019 at about 8 pm at Aregbe 2, Ajipowo Community, Akure, Ondo State in the Akure Judicial Division was said to have raped his daughter.
Upon arraignment on the defendant pleaded not guilty to the charge and the prosecution opened its case thereafter.
The victim is going to be 14 years old by December.
Her father started having sex with her at the age of 10 when she was in JSS. 1 in the 3’“term, whenever she asked the defendant for anything, he would tell her that without having sex with her, he would not give her what she wanted.
She often requested for school fees, self medication, money for books and personal upkeep and the defendant would rape her before granting her request.
In JSS. 3, she told him that she needed money to buy books and he demanded for sex before he gave her the money and the defendant did this a number of times she could no longer recollect.
There was a particular night, the defendant sent her out because she refused to have sex with him so she eventually allowed him to have sex with her that night.
She stated that when she was in JSS. 3, she was a member of a fellowship and she was equally an officer of the fellowship as an Usher. During one of the meetings of the fellowship, she told others that someone was having sex her and the teacher coordinating the fellowship told the principal who later sent for her.
She explained the situation to the principal and was taken to the police station at Oke-Aro in Akure where she made statement to the police.
Under cross-examination, she testified that she knows one Elizabeth Akinsuru who is her step mother and she was close to Elizabeth although she never reported the matter to her.
The second prosecution witness was Mrs. lshatayo Abimboia Ajike, the Principal of Ijapo High School, Akure.
She was the Principal of St Thomas Anglican Comprehensive High Schooi, Aratusin Oke-Aro, Akure when the incident occurred.
They usually invite visitors to their school to minister both spiritual and moral lessons to the students so the visitor who came to speak with the students that day came to her office and reported the case to her that after the sermon, the victim confessed that her father had been having sexual intercourse wlth her on a regular basis, since she was In JSS 1.
She said that the Minister requested for assistance for the girl to be moved to another place instead of staying with her father.
Consequently, she reported the matter to the Ministry of Women Affairs which took over the case as well as the custody of the girl.
She later invited the victim to her office for questioning and she confessed that her father had been having sexual intercourse with her as the father made sex a condition anytime she demanded anything from him.
She further said that she needed to leave her father’s house to another place to avoid the habit of her father having sex with her anytime she demanded anything from him.
The principal said that she reported the matter at the “B” Division Police Station, Akure and the girl was invited by the Police and made statement.
The police witness was Sergeant Folarln Yomi attached to “B” Division Police Station Oke-Aro.
She stated that a case of rape was reported by the Ministry of Women Affairs and the Principal of St Thomas Anglican High School Akure through two petitions.
She took the statement of the victim and that of the Principal voluntarily. She Interrogated the victim and she stated that her father (defendant) had been having carnal knowledge of her.
She testified further that the principal also confirmed that the victim equally told her the same thing and she (Prlnclpal) had to call the Ministry of Women Affairs after that.
The police witness said that she later invited the defendant and obtained his statement in English language and under caution.
The defendant wrote his statement himself wherein he confessed that he used to romance with his daughter inside his room, and both of them would then strip themselves naked In the room while he would lie on the victim on the bed.
She narrated that her investigation revealed that the defendant had been having sexual Intercourse with the victim and it was through the Fellowship Coordinator of the girl’s school that the Principal got to know of the activity of the defendant with his daughter.
The said statement of the defendant was admitted and marked as Exhibit “A”.
Upon the conclusion of her Investigation, she said that the defendant was arraigned before the Chief Magistrate Court.
Under cross examination, she stated that she took the victim (PW1) to hospital to test whether she was a virgin or not but she did not obtain any Medical Report.
On this note, the prosecution closed Its case and the defence opened thereafter. The defendant’s brother testified for the defendant and called no other witnesses.
The brother, Alo Samuel Taiwo, a driver who lives at Onigarl along Irese Road, Akure said that the defendant is his younger brother and could not have raped his own daughter.
He testified that the mother had abandoned her when she was six months and ever since it had been the defendant that had been taking care of her and she never told him that the defendant was raping her even when he visited them.
He said that it was last year that he heard the defendant was arrested for raping his daughter but the defendant denied raping his own daughter at the police station.
Under cross-examination, he testified that the defendant lived at Custom Area and he would not know whenever the defendant would be having sexual intercourse with his daughter as he was not living with them.
Addressing the Court, Tosin Eye Esq who was the defendant’s counsel argued that none of the prosecution witnesses gave evidence of the alleged rape incident against the defendant which was fatal to the case of the prosecution.
In his address, B.V. Falodun, Chief Legal Officer and prosecuting Counsel submitted that the prosecution had proved all the ingredients of the offence of rape against the defendant beyond reasonable doubt.
He argued that it was clear from the evidence of the prosecution witnesses that the defendant had forceful sexual Intercourse with the victim which evidence was not discredited even under cross-examination.
Falodun said that it was equally evident from the evidence of the victim that the defendant had sexual intercourse with her without her consent and at other times obtained her consent by fraud, force, threat and intimidation by sending her out of the house and threatening not to give her money for school fees and personal upkeep.
He posited that it was clear she was not the wife of the defendant and the defendant had the intention to have sexual intercourse with her without her consent and acted recklessly not caring whether she consented or not and the defendant did actually penetrate her vagina with his penis.
While delivering the judgement, Justice Bola noted that “Question put to her related to her age, schools attended, her class. The legal and consequential effects of saying the twit or telling lies and the duty of speaking the truth. Her answers were eloquent, honest and revealed that she understood the duty of speaking the tithe to justify the reception at her evidence.
“In the light of the foregoing. the evidence of the victim was received by the Court in accordance with Section 209(1) of the Evidence Act. By reason of this, this count was satiated that the PW! Knew the duty of telling the truth as well as the consequence o! telling a Ile.
“This court was also satisfied that she possessed the sufficient Intelligence to be able to understand the question put to her to satisfy the reception of her evidence.
“Against this backdrop, this court has no cause to disbelieve her evidence. She was articulate end made a clean breast of her experience with the defendant regarding the demand for sexual lntercourse by the defendant from her. ”
The judgement read in part.
Wondering whether the girl could have told lies against her father, he held that the court believe the evidence of the girl that the defendant was in the habit of demanding sexual intercourse from her before he acceded to her requests from him.
He stated that it was pertinent to note that the defendant did not adduce any oral evidence to deny the evidence of his daughter or defend himself.
He observed that the only witness for the defendant who was his elder brother testified that he was not living in the same house with the defendant hence he would not be able to say that the defendant was not having sexual Intercourse with his daughter.
The Woman Sergeant Folarln Yomi testified that her Investigation revealed that the defendant had sexual Intercourse with the Prosecutrix the PW1.
The court held that a holistic consideration of all the evidences before it inclines it to believe the victim without any Iota of doubt. “Her evidence is reliable, dependable and convincing.”
He added that this is against the background that there is no evidence of the defence challenging the evidence of the prosecution.
Flowing from this background, the court makes the following findings of facts: that she Is the daughter of the Defendant, Alo Olusola who was abandoned by her mother at the age of 6 months, which laid her open to
pressure for sex by her father since she was 10 years old.
It also discovered that the defendant would demand to have sex with the girl in exchange for the requests made from him by her and that the defendant only acceded to her request upon having sex with her.
The court had thereafter found the defendant guilty as charged and convicted him accordingly.
He was therefore sentenced to life imprisonment.