An Edo State High Court sitting in Benin City, on Friday, discharged and acquitted a Lecturer with the University of Benin (UNIBEN), Dr. Omowumi Labode Steven, who was standing trial for alleged sexual assault on a female student of the University.
Dr. Steven, popularly known as ‘Dr. Bode Steve Ekundayo’, a Senior Lecturer in the Department of English and Literature of UNIBEN, was accused of sexually assaulting a final year female student of the department in his office sometime on October 5, 2021.
Consequently, the accused was issued a query and placed on interdiction pending the final determination of the case in court by the Management of the University.
The University Don was subsequently arrested and arraigned for sexual assault, but was later granted bail on stringent conditions.
However, after over three years of the legal battle, the High Court in Benin City discharged and acquitted the accused, citing a lack of substantial proof and evidence against the accused.
Ruling on the suit, marked B/CD/8CV/22, the trial judge, Justice (Mrs) Mary Itsueli, stressed that the prosecution team failed to prove their case against the accused.
Justice Itsueli, while upholding the no-case submission filed by the defense counsel and former Attorney-General and Commissioner for Justice, Edo State, Dr. Osagie Obayuwana, maintained that the evidence of the PW 1 (the nominal complainant) was not corroborated with the evidence of the remaining five prosecution witnesses.
The judge also maintained that the prosecution team also failed to tender the University of Benin Teaching Hospital’s (UBTH) medical report as an exhibit before the court during the trial.
Justice Itsueli also held that the prosecution team could not establish the three main ingredients of rape which she listed to be penetration, sexual intercourse and no-consent, adding that the penetration must be linked to the defendant.
She further held that the police never carried out thorough investigation before charging the accused to court.
“The prosecution case is beret of evidence and in a criminal case, the claimant is required to prove his/her case beyond reasonable doubt.
“I found no reason to call the defendant to enter the dock for his defense. No-case submission of the defense counsel is hereby upheld.
“The case is hereby dismissed for lack of evidence and the accused is discharged and acquitted,” Justice Itsueli ruled.
