Rape Suit: Suspected Traditional Ruler ‘Arrests’ Judgment
The Alowa of Ilowa in Obokun Local Government Council Area of the State of Osun, Oba Adebukola Alli, who is standing trial before a State High Court sitting in Osogbo for allegedly raping an ex-National Youth Service Corps member, Miss Helen Okpara, prevented the court from delivering judgment on the matter last Tuesday.
Oba Alli ‘arrested’ the court’s judgment with the application for extension of time of defence filed by his lawyer, Mr Taofeeq Tewogbade.
Justice Oyejide Falola who presided over the case had fixed last Tuesday (June 04) for final judgment on the case, but Oba Alli’s application for extension of time of defence halted the verdict.
Tewogbade argued in the application that the position of defence is very sacrosanct in law, urging the court to allow the suspect to put up more defence in the case before the court determines his fate.
The defence counsel informed the court that he had discovered new issues to raise in Oba Alli’s defence.
The defence counsel informed the court that he had discovered new issues to raise in Oba Alli’s defence.
He said: “Section 36 (CB) of the 1999 Constitution of the Federal Republic of Nigeria allows proper defence in any case and provides for extension of time for judgment.
“There is need for us to seek for extension of time on the case to allow us defend the case better.
There are questions the plaintiff needs to answer. Was the lady in question a virgin before she claimed that she was raped? We also need to know if any exhibit has so far been presented by medical practitioners. These and other questions need to be answered”.
There are questions the plaintiff needs to answer. Was the lady in question a virgin before she claimed that she was raped? We also need to know if any exhibit has so far been presented by medical practitioners. These and other questions need to be answered”.
However, counsel to the state government, Mr. M O Adedokun, who represented the State Director of Public Prosecution insisted that the court should deliver its judgment on the matter, stressing that the case had gone through series of adjournment, hence, the need for the court to discountenance the application for extension of time.
Adedokun recalled that the defense counsel had on April 15, 2013 told the court that he needed no more time for defense, when the court asked for his position on its decision to deliver judgment on June 4.
In a counter-affidavit filed by Adedokun, he stated that the attitude of the defence counsel was an attempt to frustrate the judgment, and urging the court to dismiss the application in the interest of justice and fairness.
In a counter-affidavit filed by Adedokun, he stated that the attitude of the defence counsel was an attempt to frustrate the judgment, and urging the court to dismiss the application in the interest of justice and fairness.
However, Justice Falola ruled that the case be adjourned till July 02, 2013 for ruling on the application.
By ismail uthman
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