An Ekiti State High Court, Ado Ekiti Division on Friday discharged and acquitted a 55-year-old university lecturer, Dr Ayinde Olukayode, of alleged rape.
Olukayode, who lectures at the Ekiti State University, Ado Ekiti, was arraigned on March 7, 2022, on the alleged offence of rape of a 12 years old girl in August 2020.
The prosecution had said that the offence was contrary to the provisions of Section 31(c) of the Child’s Rights Law, Cap C7, Laws of Ekiti State, 2012.
But Olukayode, who said he did not commit the offence, pleaded not guilty to the charge.
In the judgement, Justice Adekunle Adeleye, held that “the prosecution witnesses had created doubt in the mind of the court with the discrepancies in the evidence. The prosecution failed to prove the case beyond reasonable doubt”.
He, therefore, discharged and acquitted Olukayode of the offence of rape for insufficient claims.
During the trial, the prosecution had called four witnesses and tendered four exhibits, while the defendant called five witnesses.
The prosecution, through the witnesses, claimed that the defendant allegedly had carnal knowledge of the victim several times, while the victim told the court that she did not inform anybody.
The victim claimed to have spotted blood stains on her pants.
The medical doctor that examined the victim confirmed that her hymen was broken, affirming that there was a minute fresh injury on the girl’s external genitalia without discharge.
The father of the victim, who testified on oath, as a defence witness, told the court that Olukayode did not rape his child because the man was a father to all.
Counsel to the defendant, Mr Oladele Adedeji, said that evidence led by the prosecution through the witnesses did not link the defendant with the commission of the offence levelled against him.
Adedeji, who said that medical examination ought to have been conducted when the matter was fresh to show how the girl’s hymen was broken, urged the court to discharge and acquit the lecturer for lack of evidence and affirm his innocence.
