Court sentences vigilante to life imprisonment for raping minor

Justice Mary Itsueli of a Benin High Court has sentenced one Enaho Odigie, a member of vigilance group in Egba community in Uhunmwonde Local Government Area of Edo State, to life imprisonment.

DAILY POST reports that the convict was jailed for raping a 12-year-old girl on August 22, 2021.

The convict was said to have raped the minor at about 6pm at Ogieva street, off Benin/Auchi road behind First Bank, Aduwawa in Benin City.

Justice Itsueli in her judgment on Friday, May 24, 2024, in a suit numbered B/CD/24CV/21, held that the offence constravened Section 4 and punishable under Section 5(1) of the Edo State Violence Against Persons Prohibition Law 2021.

She also held that “a person convicted of the offence of rape under section 4 of this law is liable to imprisonment for life without an option of fine”.

The judge, who added that the prescribed punishment did not give the court any room for discretion, maintained that having found the defendant guilty of the charge, he is sentenced to life imprisonment.

She also ordered that the photograph of the defendant should be deposited in the court and registered on the register of sexual offenders.

According to her, “It is immaterial that the defendant and the prosecutrix were not found in a compromising position because most times the crime of rape is one hatched in secret where the only direct witnesses are the victim and perpetrator.

“The nature of corroboration needed is one that confirms material aspects of the prosecutrix’s testimony and not necessarily direct evidence.

“The victim was not married to the defendant, specifically both the victim and the defendant testified that they did not know each other before the fateful day.

“As rightly submitted by the learned defence counsel, the standard of proof required in a criminal trial is proof beyond reasonable doubt, therefore, from the totality of evidence before me,there is no doubt in my mind that Pw2 was raped and the defendant was the one that raped her.

“In this case, l consider the seriousness of the offence to justify a sentence which l must therefore impose.

“The defendant is hereby convicted of the offence of unlawful carnal knowledge which has a mandatory sentence of life imprisonment.”

The judge also held that the evidence of Pw2 was steady and uncontroverted under cross examination, adding that there was penetration of the victim by the defendant even when the consent of the victim was not and could not have been obtained.

Earlier, the prosecution, led by Mrs Stella Okojie, called four witnesses who tendered three exhibits while the defendant testified for himself.